JK 8225 

Zl STATE OF ARIZONA 

Copy 4 ative and Referendum Publicity Pamphlet 

J920 

A PAMPHLET 

Containing a Copy of All the 

PROPOSED AMENDMENTS TO THE 
CONSTITUTION 

Referred to the People by the Legislature and Proposed by 
Initiative Petition 

REFERENDUM 

Ordered by the Legislature and by Petition of the People 
and 

MEASURES PROPOSED BY INITIATIVE 
PETITION 

To be Submitted to the Qualified Electors of the State of Arizona for 
Their Approval or Rejection at the „ 

REGULAR GENERAL ELECTION 

To be held on 

THE SECOND DAY OF NOVEMBER, J,g20 

Together with the Arguments, filed, favoring and opposing certain of 

said measures. 

Compiled and Issued by 

MIT SIMMS, Secretary of State 

(Publication authorized under Par. 8332, Chapter I, Title XXII, Revised 
Statutes of Arizona, 1913, Civil Code.) 





2 Pamphlet Containing Measures to Be 


PROPOSED AMENDMENT TO THE CONSTITUTION OF THE STATE 

OF ARIZONA. 

AN ACT TO AMEND SECTION V, SUBDIVISION II, OF ARTICLE 
IV OF THE CONSTITUTION OF THE STATE OF ARIZONA, ENTITLED 
“THE LEGISLATURE” AND TO PROVIDE FOR THE SUBMISSION OF 
THE SAID PROPOSED AMENDMENT TO THE VOTE OF THE PEOPLE 
OF THE STATE OF ARIZONA; AND TO PROVIDE FOR THE SUB* 
MISSION OF SUCH PROPOSED ACT TO THE PEOPLE OF THE STATE 
OF ARIZONA. ^ ' 

To be submitted to the qualified electors of the State of Arizona for their 
approval or rejection at the 

REGULAR GENERAL ELECTION * 

to be held 

ON THE SECOND DAY OF NOVEMBER, 1920. 

Referred to the people by the Legislature and filed in the office of th© 
Secretary of State, March 17, 1919, in accordance with the 
provisions of Paragraph 3328, Chapter I, TITLE XXII, 

Prevised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 

MIT SIMMS, Secretary of State. 


The following is the form and number in which the question will be 
printed on the official ballot: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY THE LEGISLATURE. 


AN ACT TO AMEND SECTION V, SUBDIVISION II, OF ARTICLE 
IV OF THE CONSTITUTION OF THE STATE OF ARIZONA, ENTITLED 
“THE LEGISLATURE” AND TO PROVIDE FOR THE SUBMISSION OF 
THE SAID PROPOSED AMENDMENT TO THE VOTE OF THE PEOPLE 
OF THE STATE OF ARIZONA; AND TO PROVIDE FOR THE SUB¬ 
MISSION OF SUCH PROPOSED ACT TO THE PEOPLE OF THE STATE 
OF ARIZONA. 

If you favor the above law, vote YES; if opposed, vote NO. 


100 Yes. 


101 No. 


(On Official Ballot Nos. 100 and 101.) 

CHAPTER 76. 

, (Sub-Senate Bill- No. 128.) 

TO AMEND SECTION V, SUBDIVISION II, OF ARTICLE IV OF THE 
CONSTITUTION OF THE STATE OF ARIZONA. ENTITLED “THE 
LEGISLATURE” AND TO PROVIDE FOR THE SUBMISSION OF THE 
SAID PROPOSED AMENDMENT TO THE VOTE OF THE PEOPLE OF 
THE STATE OF ARIZONA; AND TO PROVIDE FOR THE SUBMISSION 
OF SUCH PROPOSED ACT TO THE PEOPLE OF THE STATE OE! 
ARIZONA. 














Submitted to the Electors of Arizona, November 2, 1920 


3 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARI¬ 
ZONA: 

Section 1. That it is hereby proposed that there shall be submitted 
to the people of the State of Arizona, under the provisions of Section V, 
Subdivision II, of Article IV of the Constitution of the State of Arizona, 
an act, in title and form as follows, to-wit: 

To amend Section V, Subdivision II, of Article IV of the Constitution 
of the State of Arizona, entitled “The Legislature” and to provide for the 
submission of the said proposed amendment to the vote of the people of 
the State of Arizona, and to repeal Section V, Subdivision II, of Article IV 
of the Constitution of the State of Arizona. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

Section 1. That Section V, Subdivision II, of Article IV of the Con¬ 
stitution of the State of Arizona, shall be, and the same is hereby 
amended to read as follows: 

“5. No member of the Legislature, during the term for which he 
shall have been elected, shall be appointed or elected to any civil office 
of profit under this State which which shall have been created or the 
emoluments of which shall have been increased during said term, provided 
that the prohibitions hereof shall not be so construed as to prevent the 
election of any member of the Legislature to any office, the term of 
which does not commence until after the expiration of the term to which 
such member of the Legislature shall have been elected. 

Sec. 2. The submission to the people of the State of Arizona of said 
proposed act, as set forth in Section 1, of this act, is hereby ordered, in 
accordance with the provisions of Section 1, Article 21 of the Constitution 
of Arizona. 

Sec. 3. When said proposed amendment shall have been approved 
by a majority of each House of the Legislature and entered on the re¬ 
spective journals thereof, together with the ayes and nays thereon, 
the Secretary of State shall submit such proposed amendment-to the vote 
of the people at the next regular or general election. 

Passed the Senate March 5, 1919. 

Passed the House March 13, 1919. 

Filed in the office of the Secretary of State, March 17, 1919. 

PROPOSED AMENDMENT TO THE CONSTITUTION OF THE STATE 

OF ARIZONA. 

4N ACT IN RELATION TO THE ELECTION OF MEMBERS OF 
THE STATE TAX COMMISSION AND TO PROVIDE FOR THE SUB¬ 
MISSION OF SUCH PROPOSED ACT TO THE PEOPLE OF THE STATE 
OF ARIZONA AT THE NEXT REGULAR OR GENERAL ELECTION. 
To be submitted to the qualified electors of the State of Arizona for their 
approval or rejection at the 

REGULAR GENERAL ELECTION 
to be held 

ON THE SECOND DAY OF NOVEMBER, 1920. 

Referred to the people by the Legislature and filed in the office of the 
Secretary of State, March 17, 1919, in accordance with the 
provisions of Paragraph 3328, Chapter I, Title XXII, 

Revised Statutes of Arizona, 1913, Civil Code. . 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Re* 

vised Statutes of Arizona, 1913, Civil Code. 

MIT SIMMS, Secretary of State. 




4 


Pamphlet Containing Measures to Be 


The following is the form and number in which the question will be 
printed on the official ballot: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY THE LEGISLATURE. 


AN ACT IN RELATION TO THE ELECTION OF MEMBERS OF 
THE STATE TAX COMMISSION AND TO PROVIDE FOR THE SUB¬ 
MISSION OF SUCH PROPOSED ACT TO THE PEOPLE OF THE STATE 
OF ARIZONA AT THE NEXT REGULAR OR GENERAL ELECTION. 


If you favor the above law, vote YES; if opposed, vote NO 


102 Yes. 


103 No. 


, (On Official Ballot Nos.' 102 and 103.) 

-CHAPTER 77. 

(Senate Bill No. 193.) 
r " AN ACT 

IN RELATION TO THE ELECTION OF MEMBERS OF THE STATE 
TAX COMMISSION AND TO PROVIDE FOR THE SUBMISSION OF 
SUCH PROPOSED ACT TO THE PEOPLE OF THE STATE OF ARI¬ 
ZONA AT THE NEXT REGULAR OR GENERAL ELECTION. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARI¬ 
ZONA: 

Section 1. The members of the State Tax Commission to be elected, 
shall be elected by the qualified electors of the State at large, and the 
names of all candidates for such office shall be placed on the regular 
official ballot under the party caption of the political party by which said 
candidate is nominated. The member of the Commission having the 
shortest time to serve and not holding his office by appointment or by 
olecton to fill a vacancy shall be Chairman of said Commission. 

Sec. 2. All acts and parts of acts in conflict herewith are hereby 
repealed. 

Sec. 3. The said proposed law as set forth in Section 1 and 2 of 
this act is hereby approved, in accordance with the provisions of Section 
1, Article 21, of the Constitution of Arizona. 

Sec. 4. When said proposed law shall be approved by a majority of 
each House of the Legislature and entered upon the respective Journals 
thereof, together with the ayes and nays thereon, the Secretary of State 
shall submit such proposed amendment to the vote of the people p,* 
pext regular or general election. 

\ Passed the Senate March 12th, 1919; 
f Passed the House March 14th, 1919. , 

f Filed in the office of the Secretary of State March 17th, 1919. 

PROPOSED AMENDMENT TO THE CONSTITUTION OF THE STATE 

OF ARIZONA. 

T ' AN ACT 

TO AMEND THE CONSTITUTION OF THE STATE OF ARIZONA 
BY ADDING THERETO AN ARTICLE PROVIDING FOR INCREASING 
THE SALARIES OF TEACHERS AND PUBLIC OFFICERS TO MEET 
(THE INCREASED COST OF LIVING, 























Submitted to the Electors of Arizona, November 2, 1920 * 


I 


To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 

REGULAR GENERAL ELECTION 

to be held * * 

ON THE SECOND DAY OF NOVEMBER, 1920 
Proposed by Initiative Petition of the people and filed in the office 
the Secretary of State July 1, 1920, in accordance with the 

provisions of Paragraph 3328, Chapter I, Title XXII, \ 

Revised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Re* 
vised Statutes of Arizona, 1913, Civil Code. 

■ MIT SIMMS, Secretary of State. 


The following is the form and number in which the question will b© 
printed on the official ballot. 

E='~r- : :■ - ■.. --—r.-r=- :"jl^= ===b 

PROPOSED AMENDMENT TO THE CONSTITUTION 
PROPOSED BY INITIATIVE PETITION. 


AN ACT 

TO AMEND THE CONSTITUTION OF THE STATE OF ARIZONA’ 
BY ADDING THERETO AN ARTICLE PROVIDING FOR INCREASING 
THE SALARIES OF TEACHERS AND PUBLIC OFFICERS TO MEET 
THE INCREASED COST OF LIVING. , 

If you favor the above law, vote YES; if opposed, vote NO. 


104 Yes. 


105 No. 

t- ' 1 ■ --— — ----1_ - rr.—; 

(On Official Ballot Nos. 104 and 105.) $ : 

AN ACT 

TO AMEND THE CONSTITUTION OF THE STATE OF ARIZONA 
BY ADDING THERETO AN ARTICLE PROVIDING FOR INCREASING 
THE SALARIES OF TEACHERS AND PUBLIC OFFICERS TO MEET, 
THE INCREASED COST OF LIVING. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

That the Constitution of the State of Arizona be, and is hereby 
amended, by adding thereto another article, the same to be numbered 
XXV, and to read as follows: 

“Section 1. That from and after July 1st, 1921, and until otherwise 
provided by law, no teacher in any of the public schools of the State of 
Arizona shall be employed at a less wage or salary than at the rate of 
$1200.00 per school year. No teacher who has had at least eight months 
teaching experience shall be paid a less wage or salary than at the rate 
of $1400.00 per school year; provided, that for the purpose of this section 
normal training schooh experience before graduation shall not be deemed 
to be teaching experience; and, provided further, that the minimum 
salary set forth in this section shall apply only to full-time teachers em¬ 
ployed by regularly organized public school districts of the State of 
Arizona, and shall not be construed as preventing higher salaries being 
paid such teachers by any school district contracting so to do. The 
county boards of supervisors, the county school superintendents and the 
boards of school trustees or other officers or official boards who fix school 













6 Pamphlet Containing Measures to Be 


levies or who made estimates of or for school expenses, shall include in 
such levies or estimates an amount sufficient to carry out the provisions off 
this section and to enable each school district in the State of Arizona.to 
maintain school for at least the minimum term required by law, during 
each school year. This section shall not be construed to be a limitation 
on estimates or levies for other school purposes, but it is intended hereby 
to give such additional authority that the provisions of this section shall 
be properly carried out. 

Sec. 2. That from and after January 1st, 1021, and until otherwise 
provided by law, the salaries of all elective officers except County School 
Superintendents and Judges of the Superior Court, of counties of the first 
class shall be increased thirty-three and one-third <33 1-3) per cent over 
the amount of such salaries as they are now fixed by law for their re* 
Bpective offices; salaries of County School Superintendents of counties 
of the first class shall be increased fifty (50) per cent over the amount 
of such salaries as they are now fixed by law for such office; salaries 
of all elective officers of counties of the second class, except Judges ol 
Superior Court, shall be increased twenty-five (25) per cent over the 
amount of such salaries as they are now fixed by law for their respective 
offices; salaries of all the elective officers of counties of the third and 
fourth classes, except Judges of the Superior Court, shall be increased 
twenty (20) per cent over the amount of said salaries as they are now 
fixed by law for their respective offices; the salary of the Governor.of 
the State of Arizona shall be increased twenty (20) per cent over' ths 
amount of such salary as it is now fixed by law for said office; the 
salary of the Chief Justice and Judges of the Supreme Court, the Secre¬ 
tary of State and the Attorney General shall be increased fifty (50) per 
cent over the amount of such salaries as they are now fixed by law for 
their respective offices; the salaries of all other elective officers of tha 
state, save and except Judges of the Superior Courts of the various 
counties, shall be increased sixtv-six and two-thirds (66 2-3) per cent over 
the amount of such salaries as they are now fixed by law for their ra- 
specitve offices; the salaries of the Judges of the Superior Courts of the 
yarious counties shall be increased twenty (200 per cent over the amount 
of such salaries as they are now fixed by law for their respective offices; 
all of such increased salaries shall be paid to ail of said officers from 
and after said first day of January, 1921, in manner and form as now 
provided by law, regardless of the fact that it is during their present 
term of office. Any or all other increases of salaries of elective state or 
county officers made by a general salary law, passed at the regular or 
any special session of the first Legislature held after the adoption of this 
amendment, may be made to become effective immediately by the terms 
of said general salary law. 

Hereafter any increase in the salary of any one member of an elec¬ 
tive board, commission, court or department of the state or counties 
thereof, which said board, commission, court or department is composed 
of more than one'member elected by the people for such office, shall 
simultaneously operate as an increase in the salary of all other members 
of said board, commission, court or department, to an amount equal tc 
the salary of said one member. 

Filed July 1, 1920. 






Submitted tortile Electors of Arizona, November 2, 1920 7 


D AN ACT 

« TO REGULATE THE MAKING OF APPLICATIONS, FOR AND 
GRANTING OF COMMUTATIONS, PARDONS AND PAROLES, AFTER 
CONVICTION, FOR ALL OFFENSES; TO CREATE A BOARD OF PAR¬ 
DONS AND PAROLES AND DEFINE THE DUTIES THEREOF, TO RE¬ 
PEAL TITLE XXI, PARDONS AND REPRIEVES, PART TWO, PENAL 
CODE, REVISED STATUTES OF ARIZONA, 1913, AND ALL ACTS AND 
PARTS OF ACTS IN CONFLICT HEREWITH; AND TO PROVIDE FOR 
THE SUBMISSION OF SUCH PROPOSED ACT TO THE PEOPLE OF 
'THE STATE OF ARIZONA. 

*Tg be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 
f* REGULAR GENERAL ELECTION 

tr to be held 

ON THE SECOND DAY OF NOVEMBER, 1920 
Referendum ordered by the Legislature, and filed in the office of th$ 
Secretary of State March 17, 1919, in accordance with the 
provisions of Paragraph .3328, Chapter I, Title XXII, 

Revised Statutes of Arizona, 1913, Ciyil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 

v MIT SIMMS, Secretary of State. 

The following is the form and number in which the question will be 
printed on the official ballot. 


REFERENDUM ORDERED BY THE LEGISLATURE. 

• 


AN ACT 

TO REGULATE THE MAKING OF APPLICATIONS, FOR AND 
GRANTING OF COMMUTATIONS, PARDONS AND PAROLES, AFTER 
CONVICTION, FOR ALL OFFENSES; TO CREATE A BOARD OF PAR¬ 
DONS AND PAROLES AND DEFINE THE DUTIES THEREOF, TO RE¬ 
PEAL TITLE XXI, PARDONS AND REPRIEVES, PART TWO, PENAL 
CODE REVISED STATUTES OF ARIZONA, 1913, AND ALL ACTS AND 
PARTS OF ACTS IN CONFLICT HEREWITH; AND TO PROVIDE FOR 
THE SUBMISSION OF SUCH PROPOSED ACT TO THE PEOPLE OF 
«THE STATE OF ARIZONA. 

If you favor the above law, vote YES; if opposed, vote NO. 


300 

Yes. 

«► 


”801 

No. 



g — -——'—-- ; 


(On Official Ballot Nos. 300 and 301.) 
CHAPTER 78. 


(Senate Bill No. 77.) 
AN ACT 


TO REGULATE THE MAKING OF APPLICATIONS, FOR AND 
GRANTING OF COMMUTATIONS, PARDONS AND PAROLES, AFTER 
CONVICTION, FOR ALL OFFENSES; TO CREATE A BOARD OF PAR¬ 
DONS AND PAROLES AND DEFINE THE DUTIES THEREOF, TO RE¬ 
PEAL TITLE XXI, PARDONS AND REPRIEVES, PART TWO, PENAL 
CODE REVISED STATUTES OF ARIZONA, 1913, AND ALL ACTS AND 
PARTS OF ACTS IN CONFLICT HEREWITH; AND TO PROVIDE FOR 















8 Pamphlet Containing Measures to Be il* 


THE SUBMISSION OF SUCH PROPOSED ACT TO THE PEOPLE OF, 
THE STATE OF ARIZONA. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARI¬ 
ZONA: 

Section 1. That it is hereby proposed that there shall be submitted 
to the people of the State of Arizona, under the provisions of Section 1, 
Article IV, of the Constitution of Arizona, an act, in title and form as 
follows, to-wit: l 

To regulate the making of application for and the granting of com¬ 
mutations, pardons and paroles, after conviction, for all offenses; to 
create a Board of Pardons and Paroles, and define the duties thereof; and 
to repeal Title XXI, Pardons and Reprieves, Part Two, Penal Code, Re¬ 
vised Statutes of Arizona, 1913, and all acts and parts of acts in conflict 
herewith. * 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: T 

Section 1. The Governor has power to grant commutations, pardons, 
and paroles, after conviction, for all offenses, except treason and cases 
of impeachment, upon the conditions, and subject to the restrictions and 
limitations provided in this Chapter. I 

Sec. 2. In the case of a conviction for treason, the Governor ma^ 
suspend the execution of the sentence, until the case can be reported to 
the Legislature at its next session, when the Legislature may either par¬ 
don, direct the execution of the sentence, or grant a further reprieve. 

Sec. 3. Neither the Governor nor the Legislature shall have power 
to grant a pardon or commutation of sentence in any case where the 
convict has twice convicted of felony, except upon the written recom¬ 
mendation of a majority of the Justices of the Supreme Court. 

Sec. 4. The Governor must communicate to the Legislature, at thd 
beginning of every regular session thereof, each case of commutation, 
pardon or parole, setting forth the name of any person so commuted, 
-pardoned or paroled, the court in, and the crime of which he was con¬ 
victed, the sentence and its date, the date of commutation, pardon or 
parole, the recommendation of the Board of Pardons and Paroles with; 
respect thereto, and the executive reasons for granting the same. 

Sec. 5. All applications - for commutations, pardons or paroles must' 
be made to the Governor, and by him immediately transmitted to the 
Board of Pardons and Paroles. The Governor shall" also immediately, 
send, by registered mail, one copy of said application, or explicit notice 
thereof, to the Superior Judge, and one copy to the County Attorney, of 
the county in which the person applying for commutation, pardon or, 
parole was convicted. 

Sec. 6. If the crime for which an applicant for pardon was convicted, 
is homicide or rape, a copy of the application, or explicit notice thereof, 
must also be published for a period of not less than twenty days in a 
newspaper of general circulation, published in the county wherein the. 
conviction was had. 

Sec. 7. In the case of an application for a pardon, either the Gover¬ 
nor or the Board of Pardons and Paroles may require the Judge of the 
Superior Court or the County Attorney, of the county in which the con¬ 
viction was had, to furnish without delay, a statement of facts proved on 
the trial, and of any other facts having reference to the propriety of 
. granting or refusing the pardon. 

Sec. 8. Any Superior Judge or County Attorney who shall receive 8 
copy of an application for commutation, pardon or parole, or a notice 
that such an application has been filed, as provided in Section 5, may 
within twenty days thereafter file with the Board of Pardons and Paroles* 





Submitted to the Electors of Arizona, November 2, 1926 


9 


a written statement, pretest or recommendation regarding the case. When¬ 
ever any such statement, protest or recommendation is filed with the 
Board of Pardons and Paroles, a copy of the same shall be filed with the 
Governor. 


Sec. 9. The Board of Pardons and Paroles shall consider and act 
upon all applications for commutation, pardon or paroles transmitted by 
the Governor, and shall make its recommendations to the Governor with 
respect thereto, within thirty days from the receipt of any such applica¬ 
tion, unless the Governor, in writing shall grant further time for investi¬ 
gation, but shall not take final action on any such application or submit 
its recommendations with respect thereto to the Governor in less than 
twenty days from the date of the receipt thereof, unless it shall sooner 
receive from the Superior Judge and the County Attorney of the county 
in which the convict making such application was convicted, the written 
statements, protests or recommendations provided for in Section 8, and 
in no case where the application is for a pardon, and the convict applying 
therefor was convicted of homicide or rape, shall final action be had by 
the Board of Pardons and Paroles and its recommendation transmitted 
to the Governor prior to the completion of the twenty days notice re¬ 
quired by the provisions of Section 6, to be published in the county in 
which the conviction was had. 

Sec. 10. The Board of Pardons and Paroles shall, upon transmitting 
to the Governor its recommendations with respect to any application for 
commutation, pardon or parole, immediately send, by registered mail, 
cite copy of such recommendations to the Superior Judge and one copy 
to the County Attorney of the county in which the person applying for 
commutation, pardon or parole was convicted. 

Sec. 11. The Governor shall grant no commutation, pardon or parole 
within less than ten days after receipt by him of the recommendation of 
the Board of Pardons and Paroles upon the application therefor, or, in 
the event of the failure of the said board to make any recommendations 
upon such application, within the time in this act provided, or any execu¬ 
tive extension thereof, then within less than ten days after the expiration 
of any such period; provided, that if he shall sooner receive written notice 
from the Superior Judge and the County Attorney of the county wherein 
the convict applying for commutation, pardon or parole was convicted 
that no objection is urged by either of them to the granting of same, he, 
the Governor, may in his discretion disregard the ten-day limitation in 
this section contained. 

Sec. 12. The limitations and restrictions in this act contained, upon 
the power of the Governor to grant commutations, pardons and paroles, 
except such as relate to treason and cases of impeachment, shall not 


apply. 

(a) When there is imminent danger of the death of the person; con¬ 
victed or imprisoned. 

(b) When the term of imprisonment of the applicant is within ten 
days of its expiration. 

Section 13. There is hereby created a Board of Pardons and Paroles, 
to consist of three members, one to be appointed by the Governor, one 
by the Chief Justice of the Supreme Court and one by the President of 
the Senate. The first members of said hoard shall be appointed for six, 
four and two years, respectively in the order hereinbefore specified, and 
thereafter each member shall be appointed for six years. As soon as 
practicable after the taking effect of this act, the members of said board 
shall meet at the state prison and organize hv selecting one of their 
members as chairman. The parole clerk of the prison shall act as secre- 




to 


Pamphlet Containing Measures to* Be 


tary. Said board shall meet monthly at the state prison and at such 
•other times as*it may deem necessary. 

Sec. 14. Said board shall have power to investigate, pass upon and 
imake recommendations with respect to all applications of commutation, 
pardon or parole, and no commutation, pardon or parole shall be granted 
|foy the Governor except as . provided by this act. 

Sec. 15. The said board shall have power to make such rules and 
regulations for the conduct of its business not inconsistent with law, as 
It may deem proper, and to amend the same from time to time, and to 
cause the same to be published and distributed as it may see fit. 

Sec. 16. Each member of said board shall receive .as compensation 
for his services.the sum of seven dollars per day while in attendance at 
the meetings of the board, and necessary and actual traveling and. ho tel 
expenses while engaged in the performance of his duties. 

Sec. 17. All acts and parts of acts in conflict with the provisions of 
this act, and specifically Title XXI, Pardons and Reprieves, Part Two, 
Penal Code, Revised Statutes of Arizona, 1913, are hereby repealed. 

Sec. 2. The submissions to the people of the State of Arizona of said 
proposed act, as set. forth in Section 1, of this act, is hereby, ordered, in 
•accordance with the provisions of Section 1, Article IV, of the Constitu¬ 
tion of Arizona. 

Sec. 3. When this act shall receive the affirmative votes of a ma¬ 
jority of each house of Legislature, and shall be entered on the respective 
Journals thereof, together with the ayes and nays thereon, the Secretary 
of State shall submit such proposed act to the vote of the people of the 
State of Arizona, at the next regular or general election. / 

Passed the Senate February 21, 1919. 

Passed the House March 12, 1919. 

Filed in the office of the Secretary of State March 17, 1919. 

AN ACT 

PROVIDING FOR A PRELIMINARY EXAMINATION IN COURTS 
£)F RECORD WHERE PROSECUTION IS BY INFORMATION. 

*To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 
REGULAR GENERAL ELECTION 
to be held 

ON THE SECOND DAY OF NOVEMBER, 1929 
Referendum ordered by petition of the people filed in: the office of the 

Secretary of State June 11, 1919, in accordance with the pro¬ 
visions of Paragraph 3328, Chpater I, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 

MIT SIMMS, Secretary of State. 


The following is the form and number in which the question will be 
printed on the official ballot. , 

REFERENDUM ORDERED BY PETITION OF THE PEOPLE. 


AN ACT 

PROVIDING FOR A PRELIMINARY EXAMINATION IN COURTS 
0F RECORD WHERE PROSECUTION IS BY INFORMATION. 

If you favor the above law, vote YES; if opposed, vote NO. 


392 Yes. 













Submitted to the Electors of Arizona, November 2, 1920 11 


(On Official Ballot! Nos. 302 and 303.) 

It' CHAPTER 14. 

•.4 (House Bill No. 26.) 

AN ACT 

PROVIDING FOR A PRELIMINARY EXAMINATION IN COURTS 
OF RECORD WHERE PROSECUTION IS BY INFORMATION. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARI- 
, ZONA: 

Section 1. No person shall be prosecuted criminally in any court 
b£ record for misdemeanor by information without having had a prelimi¬ 
nary examination before a magistrate or having waived such preliminary 
examination. 

Sec. 2. All acts and parts of acts in conflict with the provisions of 
this act are hereby repealed. 

. Approved February 24th, 1919. 

' “A Referendum having been filed on this act, it will come before 
the electorate for adoption or rejection at the next general election.” 

MIT SIMMS, Secretary of State. 


f AN ACT RELATING TO THE PROTECTION, PROPAGATORY AND 
CONSERVATION OF GAME AND FISH IN THE STATE OF ARIZONA, 
CREATING A COMMISSION TO BE KNOWN AS THE ARIZONA CON¬ 
SERVATION COMMISSION, PROVIDING FOR A STATE GAME WAR¬ 
DEN, ASSISTANTS, AND DEPUTIES; DEFINING THE POWERS AND 
DUTIES OF THE COMMISSION AND OFFICERS SO PROVIDED FOR, 
FIXING THEIR SALARIES AND EXPENSES, REPEALING TITLE XVIII 
OF PENAL CODE OF ARIZONA AND AMENDMENTS THERETO, EX¬ 
CEPT AS IN AND BY THIS ACT AMENDED AND REVISED. 

AN’ INITIATIVE MEASURE 

fTo be submitted to the qualified electors of the State of Arizona for 
* their approval or rejection at the 

| REGULAR GENERAL ELECTION 

f to be held 

ON THE SECOND DAY OF NOVEMBER, 1920 
By Initiative Petition of the people filed in the office of the Secretary 
of State June 22, 1920, in accordance with the provisions of 
; | Paragraph 3328, Chapter I, Title XXII, Revised 

Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 

w MIT SIMMS, Secretary of State 


r The following is the form and number in wlfich the question will b« 
printed on the official ballot. 


i PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 

AN ACT RELATING TO THE PROTECTION, PROPAGATORY AND 
CONSERVATION OF GAME AND FISH IN THE STATE OF ARIZONA, 
CREATING A COMMISSION TO BE KNOWN AS THE ARIZONA CON¬ 
SERVATION COMMISSION, PROVIDING FOR A STATE GAME WAR¬ 
DEN, ASSISTANTS, AND DEPUTIES; DEFINING THE POWERS AND 
DUTIES OF THE COMMISSION AND OFFICERS SO PROVIDED FOR, 
FIXING THEIR SALARIES AND EXPENSES, REPEALING TITLE XVIII 










12 Pamphlet Containing Measures to Be 


OF PENAL CODE OF ARIZONA AND AMENDMENTS THERETO, EX¬ 
CEPT AS IN AND BY THIS ACT AMENDED AND REVISED, 

If you favor the above law, vote YES; if opposed, vote NO. 


304 Yes. 


305 No. 


(On Official Ballot Nos. 304 and 305.) 

AN ACT RELATING TO THE PROTECTION, PROPAGATORY AND 
CONSERVATION OF GAME AND FISH IN THE STATE OF ARIZONA, 
CREATING A COMMISSION TO BE KNOWN AS THE ARIZONA CON¬ 
SERVATION COMMISSION, PROVIDING FOR A STATE GAM.E WAR¬ 
DEN, ASSISTANTS, AND DEPUTIES; DEFINING THE POWERS AND 
DUTIES OF THE COMMISSION AND OFFICERS SO PROVIDED FOR, 
FIXING THEIR SALARIES AND EXPENSES, REPEALING TITLE XVIII 
OF PENAL CODE OF ARIZONA AND AMENDMENTS THERETO, EX¬ 
CEPT AS IN AND BY THIS ACT AMENDED AND REVISED. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA’ 

ACTING UNDER THEIR INITIATIVE POV/ERS, AS FOLLOWS: 

Section 1. There is hereby created a commission to be known as 
The Arizona Conservation Commission and which shall consist of five 
members. The Governor of Arizona, Attorney General of Arizona, and 
whoever may be president of the Arizona Sportsman’s Association, shall 
during their respective terms of offices in those capacities, be ifiembers of 
said commission. There shall be two citizen members thereof who shall 
be appointed by the other members of the commission not citizen mem¬ 
bers ; the members so appointed shall hold office for a term of four years;! 
vacancies in the citizen membership of the commission shall be appointed 
by the same appointive power, and appointees to fill vacancies shall bo 
for the unexpired portion of the term of the person succeeded. All mem¬ 
bers of the commission shall continue in office until their successor has 
been appointed and qualified. The citizen members of the commission 
shall take 'an oath of office similar to that required by other state officers 
and file same in the office of the Secretary of State, before entering upon 
the discharge of their duties. Provided: That the first citizen members 
of the commission shall be Nathan Kendall of Tucson, Pima County, Ari¬ 
zona, and Dr. Clarence P. Gunter of Globe, Gila County, who shall each 
hold a four-year term beginning at the time this law becomes effective. 

Sec. 2. The citizen members of the commission shall serve without 
salary, except that each of them shall be allowed a per diem of ten dollars 
per day for each day which is actually devoted to the duties of office under 
this act, together with actual traveling expenses by each member incurred 
in performing such duties. The per diem and expenses above provided 
for shall be paid from the State Game Protection Fund, and shall not ho 
paid i except therefrom. 

Sec. 3. On the first Monday immediately following the proclamation 
declaring this measure a law of this state, the commission shall meet in 
the office of the State Game Warden in the Capitol and there organize as 
a commission. The Governor shall be chairman of the commission. The 
commission shall have power to adopt rules and regulations to control 
the'&cts of the commission, and may adopt such rules and regulations, not 
inconsistent with the provisions of this act, as may be necessary to give 
effect to its provisions. The commission at their first meeting shall ap¬ 
point a person w r ho shall be officially known as the “State Game Warden.” 












Submitted to the Electors of Arizona, November 2, 1920 


13 


The State Game Warden shall be the secretary of the commission ana 
shall keep the records of its acts, rules, regulations and proclamations, 
and give publicity to such rules, regulations and proclamations as may be 
adopted by the commission to give effect to this act, in such manner as 
hereinafter provided. The State Game Warden shall not receive any ad¬ 
ditional salary, nor expense allowances on account of his capacity as 
secretary of the commission, than is provided herein to be allowed him as 
salary and expenses as State Game Warden. 

Sec. 3. In addition to the duties and powers of the State Gapie 
Warden as specifically prescribed by this act, he shall perform such duties 
and have such powers as may be prescribed by The Arizona Conservation 
Commission. As to latter powers and duties he shall act under the gen¬ 
eral supervision of the commission. 

Sec. 4, The Arizona Conservation Commission shall have general 
power to act to the end of conserving, preserving and propagating the 
game and fish of the State of Arizona; to enforce the provisions of this 
act; and under such powers shall have incidental power to direct and 
require that public officers of the state and county who are particularly 
charged with the duty of arresting and prosecuting offenders against the 
criminal laws of the state, shall act to enforce the provisions of this act. 
All such officers shall act under the direct supervision and control of the 
Commission, and report thereto as to their actions, and so acting, shall 
have power to institute, prosecute, and defend, in the name of the State 
of Arizona., all actions, civil or criminal in nature which involve any pro¬ 
vision of this act and enforcement of its provisions or any of same. 

Sec. 5. The State Game Warden appointed as above provided shall 
hold office for a term of two years, and until his successor is appointed 
and qualified. He shall qualify by taking an oath of office and filing same 
with the Secretary of State. He shall also give a bond in the sum of 
Two Thousand Dollars with sureties, or surety company as surety thereon, 
which bond shall be approved by the Governor. The form of oath and 
form of bond, shall conform to the requirements as to oaths and bonds of 
other state officers, as those forms and requirements are prescribed, or 
may be prescribed by general law of this state. Upon the approval of such 
bond, the Governor shall issue a commission to be attested by the Secre¬ 
tary of State with the seal of the state affixed thereto, which commission 
shall be evidence of power in the State Game Warden named therein to 
perform bis duties with the powers vested by this act. 

Sec. 6. Full force and effect shall be given to every rule, regulation, 
and proclamation, of The Arizona Conservation Commission, from the 
time of publication of such rule, regulation, or proclamation, in such news¬ 
paper published and circulated in Arizona as may be selected by that com¬ 
mission for such publication. All such publications shall appear signed 
by the Chairman of the commission, attested by the signature of the 
Secretary thereof and the seal of the commission. The Arizona Conser¬ 
vation Commission shall adopt and keep a seal of office which shall be 
used by the State Game Warden, and that commission to authenticate all 
rules, orders, proclamations and documents issued and executed by bins 
as such officer or by said commission. 

Sec. 7. No person shall at any time, within the State of Arizona, 
shoot or take, in any manner, any game or non-game animal or bird -with¬ 
out having first obtained a hunting license for the year in which such 
hunting, shooting or taking is done. No person shall at any time, within 
this state, fish for or catch any fish without first having obtained a fishing 
license for the year in which such fishing or catching is done. And it 
shall be unlawful to either hunt or fish without having obtained the license 
provided for and required by this act, and any person who violates the 



14 


Pamphlet Containing Measures to Be 




provisions of this section shall be guilty of a misdemeanor. 

Sec. 8. Licenses required by this act shall be issued by the Clerk of 
the Board of Supervisors, by State Game Warden, or by such deputies as 
may be designated for that purpose by the State Game Warden. | 

Sec. 9. The licenses authorized and required by this act shall be of 
the different classes as follows: 

(i) A hunting license, which shall entitle the holder thereof to 
hunt, pursue, take and kill, game birds and animals during the seasons and 
under the restrictions of this act applying to the taking, hunting and kill- a 
ing of game birds and game animals. A fee of one dollar shall be paid 
by each person for such a license, and so paid to the officer issuing same 
at the time it is issued. 

(II) A fishing license, which shall entitle the holder thereof to fish 
for and take fish at the places, waters, and during the time and in the 
manner as by this act restricted, as applying to fishing for and taking of 
fish within this state. A fee of one dollar shall be paid by each person J 
for such a license, and so paid to the officer issuing same at the time it is 
issued. 


5 Licenses of the two classes above specified shall be issued to any 
person who is of the age of over sixteen years, and w'lio is a bona fide 
resident of the State of Arizona, except persons, including Indians, who 
are not citizens of the United States. Provided: That Indians who reside 
in the state, and who are able to make it appear to the satisfaction of 
The Arizona Conservation Commission that they will not abuse the privi¬ 
leges of such licenses may be granted same by that commission, under 
such rules as it may establish pertaining to the granting of same to 
Indians. 

Licenses granting the privileges specified as to the first class above 
named herein shall be granted to any citizen of the United States, who is 
over the age of sixteen years of ages, but not a bona fide resident of .the 
State of Arizona, and shall be issued upon the payment of a fee of three 
dollars. Licenses granting the privileges specified as to the second class 
of licenses above mentioned shall be issued to any person over the age 
of sixteen years who is a citizen of the United States, but not a bona 
fide resident of the State of Arizona, upon the payment of a fee of three 
dollars. Aliens who are not subject to restrictions under laws of.the 
United States or regulations pertaining to the right to have arms and 
ammunition, may be granted licenses upon the payment of fees in amount 
of twenty dollars for a license to include both hunting and fishing privi¬ 
leges. Provided: That the issuing of licenses to aliens, may be regulated 
by rules of The..Arizona Conservation Commission, and may be refused in 
the first instance, or revoked after issuance, if cause sufficient therefor 
appears to that commission. 

Sec. 10. The State Game Warden shall be paid a salary at the rate 
of three thousand dollars per year; he shall be.paid and allowed his actual 
traveling and other necessary expenses incurred in and out of his office, 
: and so incurred in the discharge of his duties of office, a sum not to 
exceed two thousand dollars per year; he shall also be allowed a sum not 
to exceed three thousand dollars per year for clerk hire and office assist¬ 
ants in the office of State Game Warden and in connection with the office 
duties to be performed in connection with the duties of The Arizona Con¬ 
servation Commission. The State Game Warden shall fix the number 
of such clerks and assistants, and determine the salary to be paid each,; 
but all within the above amount. The amounts mentioned in'this section 
shall be paid by warrants drawn by the State Auditor upon and for pax- 





Submitted to the Electors of Arizona, November 2, 1920 1$ 


ment out of the general fund of the state, at the same times and manner 
that other official salaries and expenses are allowed and paid. 

Sec. 11. Any person of the age of 16 years or over may procure any 
of the licenses as herein provided by filing a statement with the Clerk of 
the Board of Supervisors or State Game Warden, or any deputy warden, 
authorized to issue licenses, stating therein his or her name, age, height, 
weight, place of residence, post office address, and Color of hair and eyes. 
No license shall be issued except on a blank furnished by the State Gam© 
Warden, and on payment of the sum as herein provided for such license. 
All licenses shall be numbered consecutively when printed and shall ex¬ 
pire with the calendar year in which issued. All Americamborn persons, 
residents of this state, under the age of sixteen years may have the same 
privileges as one holding a general license, without cost, provided they 
are accompanied by a person holding a general license. 

Sec. 10. Hereafter it shall be unlawful for any person over the age 
of 16 years in the State of Arizona, to hunt or trap on public lands of’ 
state for fur-bearing and predatory animals of this, for profit unless such? 
person shall have first obtained a State Trapper’s License, paying there¬ 
for the sum of $2.50. 

Subdivision A. For the purpose of this section, the'following preda¬ 
tory and funbearing animals shall be considered: 

Mountain Lions* Foxes, Muskrats, Minks, Beavers, Badgers, Coyotes,. 
Bears, Civet Cats, Raccoons, Skunks, Martins, Fisher, Moles, Wolves, 
Leopards, Opossums, Otters, Weasels, Ringtailed Cat, Woodrats. 

Subdivision B. It shall be unlawful to disturb or remove the traps 
of any licensed trapper while trapping on the public domain or on lands 
where he has permission to trap. The traps of any person trapping with¬ 
out a license off his own lands, except as provided in this section, shall 5 
be seized by the State Game Warden and may be sold and the money, 
derived from such sale shall be deposited to the credit of the State Gam© 
Protection Fund. 

Subdivision C. It shall be lawful to keep fur-bearing and predatory 
animals at any time for the purpose of propagation, exhibit or sale; pro¬ 
vided that any person desiring to propagate, exhibit or sell said animals 
shall first obtain a permit from the State Game Warden. 

Subdivision D. No flesh of any game bird, fish, or animal shall be 
used for trap bait in trapping any of the animals enumerated in this 
section. 

Subdivision E. Nothing herein shall be construed to prevent any 
person from protection of his own premises from depredation of any of the* 
animals above enumerated. 

Sec. 11. The open season, inclusive of both dates mentioned, for 
hunting or taking game birds, game animals and fish, and the bag limit 
on each, shall be as follows: 

Male deer, October 15 to November 15, bag limit, one deer with horns, 
during season. 

W T iid turkey, October 15 to November 15, bag limit, two, during 
season. 

Ducks, geese, coots, rail and larger shore birds, October 15 to January 
31; bag limit, 20 birds of all said varieties in one day, or in possession 
at any one time. 

Whitewings, July 15 to December 31; doves, September 1 to Decem¬ 
ber 15; bag limit not exceeding 25 birds in possession at any one time, or 
in one day, counting both varieties. f | 

Gamble’s or Valley quail, October 15 to January 31; bag limit, not teg 
exceed 20 birds in one day or in possession at any one time. 



16 


Pamphlet Containing Measures to Be 


Trout, of all kinds, June 1 to November 15th; bag limit, 25 individual 
fish, not less than seven inches long, on one day or in possession at one 

Any person who shall take any fish under seven inches in length, of 
any variety of -fish protected by this title, is hereby required to return 
euch fish, as little injured as possible, to the waters from which they 
were taken. Any person failing to abide by the provisions of this section 
shall be guilty of a misdemeanor. 

Sec. 12. It shall be unlawful to kill, trap or snare, or in any man¬ 
ner injure or destroy, or have in possession, any antelope, elk, goat or 
mountain sheep, female deer, or fawn, bob white, grouse or pheasant. It 
shall be unlawful to kill, trap, snare, or in any manner injure or destroy, 
any carrier or homing pigeon, the property of another. 

Sec. 13. No game or fish shall be held in possession more than 
five days after the close of the season for the taking or killing of the 
same. 

Sec. 14. Every person wdio takes, kills or destroys, or has in his 
possession, whether taken or killed in the State of Arizona, or shipped 
into the state from any other state, any Javelinas or Pecarris (common 
name Wild Hog), or Beaver, for the period ending December 31, 1922, 
shall be guilty of a misdemeanor. 

Sec. 15. No game shall be pursued, wounded, taken or killed, 
with a steel or hardpointed bullet, nor shall any person use in the pur¬ 
suit, taking, wounding, or killing of any animals, birds, or fish, protected 
by this title any net, seine, trap, cage, snare, salt lick, blind, scaffold, 
deadfall, pit, snaghook, trout line, artificial light or similar device what¬ 
ever; provided, that dogs, blinds, sinks, and decoys may be used in 
hunting birds. 

Sec. 16. Any person who at any time shall buy, sell or barter, any 
bird, fish, or animal protected by this act, shall be guilty of a misde¬ 
meanor. Any person who, during the time when the killing or taking 
thereof is prohibited, shall transport or attempt to transport any bird, 
fish or animal, or part thereof, shall be guilty of a misdemeanor. Any 
person who at any time shall transport or attempt to transport from the 
state, any bird, fish or animal protected by this act, or any part of any 
such protected game or fish, shall be guilty of a misdemeanor. Except 
in cases where by other sections of this act such shipments are specifically 
authorized. 

Sec. 17. Every net, trap, explosive, poisonous or stupefying sub¬ 
stance or deviceror rifle using steel or hard nosed bullets, use, or intended 
for use, in taking or killing game or fish in violation of this title, and set, 
kept, pr found in or upon any of the streams or waters of this state, or 
upon the shores thereof, and every trap, device, blind or deadfall found 
baited in violation of this title, is hereby declared a nuisance and may be 
abated and summarily destroyed by any person, and it shall be the duty 
of every officer authorized to enforce this title to seize same, and hold 
fsame pending a prosecution of the person from whom taken, and such 
property so seized may thereafter be destroyed, except that firearms shall 
not be destroyed but returned to owner after posecutions have ended, 
fines 'b^ve been paid or sentence served by person from whom firearms 
aro taken, and no prosecution or suit shall be maintained for such de¬ 
struction provided, that nothing in this title shall be construed as 
affecting the right of the State Game Warden to use means as may be 
proper.:-for the promotion of game and fish propagation and culture. 

Sep,-. 18. Every person who buys, sells, offers or exposes for sale, 
barter.or trade, the hide, pelt or skin of any deer, or other portion of a 
deer carcass, or who transports, carries, or has in his possession, the skin, 
pelfi or hide of any female deer, or spotted fawn, or any deer hide, or 





Submitted to the Electors of Arizona, November 2, 1920 37 


pelt, from which the evidence of sex has been removed, is guilty of 
misdemeanor. 

Nothing in this act is intended to prevent any person from having 
tanned or mounted, any bird, fish or animal or part thereof which is taken 
by himself legally. 

Sec. 19. It shall be unlawful for any person in the State of Ari¬ 
zona to use a gun of larger calibre than that commonly known and desig¬ 
nated as number ten gauge, for the purpose of destroying any wild 
turkey, dove, quail, wild duck, goose, snipe or rail. 

Sec. 20. It shall be unlawful for any person in the State of Ari¬ 
zona to take, gather, or destroy, or have in possession at any time, the 
eggs of any quail, bob white, partridge, grouse, pheasant, dove, wild 
turkey, wild duck, wild goose, brant, snipe, or any song bird of any kind. 

Sec. 21. It shall be unlawful for any person to shoot a revolver, 
rifle, or shot gun of any calibre or gauge, upon, from or across any public 
highway of the State of Arizona, where there is cultivated land or dwell¬ 
ing houses either side thereof, or where shot from such gun shall fall in, 
or pass over any cultivated land or dwelling houses, or among stock or 
other animals grazing on land contiguous to such public highway. 

Sec. 22. It shall be unlawful for any person in the State of Ari¬ 
zona, at any time to hunt, pursue, kill or destroy any lark, thrush, spar¬ 
row, swallow, grosbeak, or tanager, or any other song bird of any kind, 
provided, that nothing in this title be so construed as to interfere with 
the collection of birds for scientific purposes by the Curator of the State 
Museum, or by any other person authorized by the State Game Warden 
of this state to collect. 

Sec. 23. It shall be unlawful for any Indian in the State of Ari¬ 
zona, at any time, to hunt, take, pursue, kill, or destroy, any game or fiah 
mentioned in title, off the Government Reservation to which he belongs, 
except as otherwise provided in this act. 

Sec. 24. It shall be the duty of the State Game Warden, and be 
shall have the authority to procure the printing of all forms and blanks 
that may he required to carry out the intent of this title and not incon¬ 
sistent herewith, and all necessary blank§ shall be furnished by him to 
the several license collectors. No license shall be issued except on an 
application sworn to by the applicant, and any false statement in any 
application shall render the license issued thereon void. Every license 
collector shall keep a correct complete record of every license issued by 
him, which record shall remain in his office and be open to inspection of 
the public at all times. All moneys collected for license shall be sent to 
the State Game Warden on or before the tenth day of the month follow¬ 
ing, and license collectors shall report to the State Game Warden the 
number of licenses issued, and the amount of money remitted. The State 
Game Warden shall account for all money received by him and deposit 
same Vvith State Treasurer, who shall credit it to the State Game Pro¬ 
tection Fund. 

Sec. 25. All moneys received under provisions of this act in' pay¬ 
ment of hunting license, permits, certificates, fines, penalties, or forfeit¬ 
ures, shall constitute a fund to be known as the State Game Protection 
Fund, to be used and available for the payment of the printing, publishing 
of reports, postage, express, and other necessary and office expenses, and 
the per diem salaries and necessary expenses of deputies; for the pur¬ 
chase, transportation, distribution and propagation of game and fish. The 
State Game Warden shall not issue any voucher, nor shall the State 
Auditor approve any such voucher issued by the State Game Warden 
under the provisions of this title, or otherwise, for any services or ex¬ 
penses of any kind, unless the money to pay such voucher shall at the 
time be on hand to pay the same. 



Pamphlet Containing Measures to Be 


as 


Sec. 26. All moneys collected for fines under this title shall be 
Immediately paid over by the Justice of the Peace or Clerk of Court 
collecting or receiving the same, who shall divide same and pay one-half 
to the State Game Warden, to be by him credited to the State Gama 
Protection Fund. And one-half to the person or deputy instituting the 
prosecution, except in cases where such prosecution is instituted by 
salaried officers, in which case such fines shall all be paid over to the 
£>tate Game Warden to be by him deposited with State Treasurer to 
the Game Protection Fund. 

Sec. 27. The State Game Warden shall keep a record of all money 
received and all licenses, certificates, permits and tags issued by him, 
numbering each class separately. Upon satisfactory proof that any li¬ 
cense, certificate, or permit has been lost before the expiration thereof, 
lie may issue a duplicate therefor, for which the applicant shall pay the 
eum of ten cents. 

Sec. 28. The people of Arizona, subject to the provisions of this 
.act, shall have the right to fish and hunt upon and from the public lands 
of the State and in the waters thereof, excepting upon lands set aside for 
fish hatcheries; and no land owned by the state shall ever be sold or 
transferred without reserving in the people the absolute right to fish 
thereupon; and no law shall ever be passed making it a crime for the 
'people to enter upon the public lands within the state for the purpose of 
fishing in any water containing fish that have been planted therein by 
the state, or water containing fish that have been furnished by State or 
|J. S. Bureau of Fisheries. 

Sec. 29. The necessary and ordinary fees and expenses of every 
-posse lawfully summoned and engaged in the enforcement of this title 

shall be taxed as part of the costs, and if not collected from the person 

liable therefor, shall be paid out of the Game Protection Fund. 

Sec. 30. Whenever, upon conviction, the person convicted fails 
to pay the fine and costs imposed upon him, if over eighteen years of age, 
lie shall be kept confined one day for each dollar of the fine and cost 

adjudged against him and he shall not be discharged or released there¬ 

from by any board of officers, except upon the payment of the portion of 
the fine and costs remaining unserved or upon the order of the Governor 
-<o£ this state. 

Sec. 31. If the holder of any license shall persistently, or fla¬ 
grantly, or knowingly, violate or countenance the violation of any of the 
provisions of the game laws, such license shall be revoked by the Game 
Warden after due notice shall have been given the alleged violator and 
opportunity afforded him to appear and show cause against the revocation 
of such license. 

Sec. 32. In any prosecution under this title, any participant in 
violation thereof, when so requested by the County Attorney, State Game 
Warden, or other officers, instituting the prosecution, may testify as 
witness* against any other persons charged with such violation, and his 
evidence so given snail not be used against him in any prosecution for 
=such violation. 

Sec! 33. It Shall be the duty of every Justice of the Peace and Clerk 
of the Court before whom any prosecution under this title may be com¬ 
menced, or shall go on appeal, and within twenty days after the trial or 
dismissal thereof, to report in writing the results thereof, and the amount 
of fines collected, if any, and the disposition thereof, to the State Game 
Warden. 




Submitted to the Electors of Arizona, November 2, 1920 19 


Sec. 34. The State Game Warden under such rules as may be estab¬ 
lished by the commission named in this act, may issue permits to any 
person to take, capture, kill, transport within or out of the state, or iim 
port into the state, any game, birds, or fish mentioned in this title, at any 
time when satisfied that such person desires the same exclusively as 
specimens for scientific or propagating purposes. Such permits shall be 
in writing and shall state the kind and number to be taken and the man¬ 
ner of taking, the name of the person to whom issued, and if imported 
into the state, the name of the state or county from which shipped, and 
the name of the person shipping such game, birds or fish and shall be 
signed by him, and such permit shall not be transferable nor shall it be 
lawful to sell or barter any of the animals, birds, or fish, taken or im¬ 
ported under such permit, for food purposes, and the holder of such per¬ 
mit shall be liable to the penalties provided in this title if he violates 
any of its provisions. 

Sec. 35. The Conservation Commission may authorize the retention, 
bv any resident of this state, of any young animal which has been aban¬ 
doned by its mother and taken in good faith for the purpose of saving its 
life, but not more than two such animals shall be redeemed by one person 
at the same time. He may also at any time, in any manner take any game 
running at large within the state, for the purpose of propagating in any 
other part of the state. 

Sec. 36. The Conservation Commission, if it so elect, or any other 
officer charged with the enforcement of the laws relating to game and 
fish, if so directed by the Conservation Commission, shall bring civil action 
in the name of the state against any person unlawfully wounding or kill¬ 
ing, or having unlawfully in possession, any game, quadruped, bird, or 
fish, or part thereof, and recover judgment for each such animal or part 
thereof, the following minimum sums as damages for the taking, killing 


or injuring thereof to-wit: 

For each Elk. $200,00 

i For each Deer... 100.00 

5 For each Antelope. 200.00 

For Mountain Sheep or Goat. 200.00 

g For each Bird..,. 10.00 

» For each Fish. 1.00 


No judgment or verdict recovered by the state in such action shall be 
less than the sum hereinbefore fixed. Such action and damages may be 
joined with the action for possession and recovery had for the possession 
and also the damages therefor, aforesaid. Neither the pendency nor th© 
determination of such action, nor the payment of such judgment, nor the 
pendency nor determination of a criminal prosecution for the same tak¬ 
ing, wounding, killing or possession, shall be a bar to the other, nor affect 
the right of the other. 

Sec. 37. The commission created by this act may in its discretion or 
Upon information furnished to the commission, that any species of gam© 
animal, game birds, or game fish have become a menace to the agricul¬ 
ture, health or other interests of any particular community in the State 
of Arizona, may investigate and determine the nature and estimate of 
such probable damage or injury to that community, and may by procla? 
mation define the boundaries of the community which is so menaced, and 
may in such proclamation make such order as will permit the. taking, 
killing or other disposition of the fish, game or birds which effect the 
menace so found by the commission, and may make such other order in 
said proclamation as may be necessary to eliminate possible damage on 
account thereof. And in said proclamation state the period to be applied 
to the community district so outlined therein, within which the provision 









20 


Pamphlet Containing Measures to Be 


of this law relative to taking, hunting, killing and pursuing game animals, 
game fish and game birds shall or may be suspended, that action may be ; 
taken by officers and private persons in conformity with the terms, condi¬ 
tions and provisions of the proclamation so made. 

Sec. 38. The English or European sparrow, great horned owl. and all 
species of hawks .are not included among the birds protected by this title. 

Nor are succors, buffalo or carp to be included among the fish protected 
by this act. 

Sec. 39. Prosecution under this title may be commenced within one 
month from the date of violation of any of the provisions of this title, 
either by complaint or information. 

Sec. 40. Nothing in this title shall prevent a citizen of the State of 
Arizona from taking or keeping any wild bird in any cage, as a domestic 
pet, provided that'such bird shall not be sold or exchanged or offered for, 
sale or exchange, or transported out of this state. 

Sec, 41. It shall be unlawful for any person or persons to catch, kill, 
or have in his or their possession, any species of trout, or game food fish, 
found in any of the public streams or waters of this state, unless said fish 
has been taken with a hook and line attached to rod or held in. the hand, 
and any person or persons, catching, killing, or having in their possession, 
any such fish, taken in any other maner, shall be deemed guilty of a mis¬ 
demeanor, and upon conviction thereof shall be punished by a fine of not 
less than twenty-five dollars nor more than fifty dollars, or by imprison¬ 
ment for not less than thirty days, or by both such fine and imprisonment, 
in the discretion of the court, and every fish caught or killed in violaton 
hereof, shall constitute a separate and distinct offense. 1 

Sec. 42. Any person convicted of violating any of the criminal pro¬ 
visions of this title shall be punished by a fine of not less than ten dollars 
nor more than one hundred dollars, or by imprisonment for not less than 
ten days nor more than ninety days, or by both such fine and imprison¬ 
ment, in the discretion of the court. 

Sec. 43. Each Sheriff, Deputy Sheriff, Constable, and Live-Stock Sani¬ 
tary Inspector is hereby appointed and designated a State Deputy Game 
Warden, without extra compensation. The State Game Warden 'may ap¬ 
point such additional Deputy Game Wardens as to him may seem proper 
(and may remove them from office). Each such deputy shall be a resi- | 
dent of the county from which appointed, and shall be especially charged 
with the duty of enforcing the fish and "game lav/s in their respective 
counties, and may be designated as license collectors. Each , deputy sa 
appointed shall qualify by filing with the State Game Warden an oath of 
office in the form prescribed by law for a state officer. It shall be the 
duty of the State Game Warden and of each State and County Game 
Warden to rigidly and strictly enforce the provisions of this law and 
all other laws of the State of Arizona for the protection of fish and game 
of whatsoever kind or description, and to institute or cause to be insti¬ 
tuted prosecutions for any and all violations of such laws, and to arrest, 
or cause to be arrested all violators of such laws and to lodge accusa¬ 
tions against them in a court of competent jurisdiction in the premises;! 
tUjgather evidence on behalf of the prosecution of such offenders and to d® | 
all things necessary to the punishment hereunder and under the laws of 
this state on the subject of fish and game and the protection - thereof. 
For failure to arrest and prosecute any person violating the provisions of 
this or other laws of the State of Arizona for the protection o J £ fish and 
game such State Game Warden or such deputy shall be liable to a fine of 
not less than one hundred dollars and not more than two hundred, and 
fifty dollars, or by imprisonment for not less than thirty days and not 







Submitted to the Electors of Arizona, November 2, 1920 


21 


more than ninety days, or by both such fine and imprisonment; provided, 
that such violation come within the knowledge of such State Game War¬ 
den or deputy. The conviction thereof shall also operate as a removal 
of such person from office. The State Game Warden shall have power to 
pay such deputies as he shall designate for specific duties a per diem of 
four dollars and actual necessary expenses while under the direct order 
of the State Game Warden in the performance of duties in enforcing the 
fish and game laws; provided, that the State Game Warden shall not 
designate deputies for services requiring per diem or expenses for specific 
duties except when there are sufficient funds in the Game Protection Fund 
to pay for such services. The salaries, per diem, and expenses of the 
deputies may be paid semi-monthly upon verified vouchers under oath, ap¬ 
proved by the State Game Warden, out of the Game Protection Fund. 

Sec. 44. Any person desiring to engage in the business of raising and 
selling domesticated game birds or mammals of any species in a wholly 
enclosed preserve containing 20 acres or more of which he is the owner 
or lessee, may make application in writing to The Arizona Conservation 
Commission for a license so to do. The said Arizona Conservation Com¬ 
mission, when-it shall appear that the said application is made in good 
faith, shall, upon the payment of a fee of tw^. dollars and fifty cents, issue 
to such applicant a breeder’s license permitting such applicant to breed 
and raise domesticated game on such preserve or entire island and to sell 
the same alive at any time for breeding and stocking purposes, to kill and 
transport same and sell the carcasses thereof for food, as hereinafter 
provided. Such license shall be posted or displayed in a conspicuous 
place on such preserve or entire island and shall expire on the last day 
of December in each year.at midnight. 


Sec. 45. No domesticated game killed as aforesaid and intended for 
sale shall be shipped, transported, sold or offered for sale unless each 
quarter and each loin of each carcass of each deer and the carcass of 
each bird or small mammal shall have been tagged, under the supervision 
®f The Arizona Conservation Commission, with a tag or seal which shall 
be supplied by said commissioners, and all domesticated game excepting 
deer sold under the provisions of this act must be killed otherwise than 
by shooting. The quarters and loins of the carcasses of such deer, and 
the carcass of such small game birds or mammals when tagged as afore¬ 
said may be possessed, sold or offered for sale at any time. Every regu¬ 
lar assistant or person designated by whom such deer or small game bird 
or mammal shall have been tagged, shall, within five days thereafter, 
make and file with The Arizona Conservation Commission a written re¬ 
port thereof, which shall.contain a statement of the name of the person 
by whom such game was bred or raised and killed, the number of each 
species so killed and the name of the person or persons to whom such 
game were sold or to whom they were transported. 

Sec. 46. Common carriers may receive and transport at any time the 
carcasses or parts thereof of said domesticated game tagged as aforesaid, 
but to every package containing such carcass or parts thereof shall be 
affixed a tag or label upon which shall be plainly printed or written the 
name of the person to whom such license was issued and by whom such 
game was killed, the name or names of the person or persons to whom 
such game is to be transported, the name of the regular assistant or 
©ther person by whom such game was tagged, the number of carcasses 
@r portions thereof contained therein and that the game was killed and 
tagged in accordance with the provisions of this section. 

See 47 No- person shall sell or offer for sam any game killed and 
tagged as aforesaid, without first obtaining a license so to do from The 
Arizona Conservation Commission, upon such terms and conditions as the 



22 


Pamphlet Containing Measures to Be 


said commissioners may prescribe, and any such license may be revoked 
for sufficient cause at the pleasure of the said commission. 

Sec. 48. The said tags or seals shall remain affixed, as aforesaid, 
until the quarters or loins of each deer or the carcasses of such small 
game birds or mammals shallhave been wholly consumed and the sale 
of a quarter or loin or any larger portion of such deer or the carcass of 
any such small game bird or mammal which shall not at the time have 
affixed thereto the tag or seal aforesaid, shall constitute a violation of 
this section; provided, how r ever, that the keeper of a hotel or restaurant, 
hoarding house or retail dealer in meat or a club may sell portions of a 
quarter or loin of any such deer, or the carcass of any such small game 
bird or mammal, to a patron or customer for actual consumption and no 
license shall be required of such person or club. 


Sec. 49. On or before the first day of January of each year every 
person to whom a license shall have been issued, as aforesaid, shall make 
a report to The Arizona Conservation Commission, which said report shall 
state the total number of game birds or mammals killed, sold or trans¬ 
ported, as permitted by the provisions of this section during the year pre¬ 
ceding. Such report shall set forth the name of the person to whom such 
game birds or mammals were sold or transported, the name of the regular 
assistant or person designated in whose presence such game birds or j 
mammals were tagged and shall also give a complete list of the gam© 
birds or mammals held in his possession at the time the report is made. 
Such report shall be verified by the affidavit of the person to whom such 
license w r as issued, or if the license was issued to a corporation, then by .. 
an officer thereof. > i 

Sec. 50. Any person to whom such license shall have been issued 
may sell and ship alive in or out of the state such game birds and mam- : J 
mals and all common carriers and transportation companies may receive 
and carry in or out of the state such live game birds and mammals upon 
such terms and conditions as the said commissioners may prescribe. (m 

Sec. 51. For the purpose of this act it shall be-lawful for The Arizona' 
Conservation Commission to have trapped or taken alive any of the game 
birds or animals and delivery of them to any person engaged in the 
domestication and sale of such game birds or mammals in this state at 
a price to be fixed by The Arizona Conservation Commission. * . 

Sec. 52. All moneys received from, the sale of any game birds or 
mammals, or tags provided for in this act and all fines and forfeitures ( 
imposed and collected for any violation of the provisions of this act shall 
be paid into the state treasury to the credit of the State Game Protection 
Fund. h 

Sec. 53. A preserve used for the breeding of any species of deer, 
pursuant to this section, shall be surrounded by a fence of wire or other 
material of a pattern to be approved by the Arizona Conservation Com¬ 
missioners and of a height of not less than six feet. r $1 

Sec. 54. The provisions of any law relating to the protection or pos¬ 
session of game in its wild state shall not apply to game raised or pos¬ 
sessed under the provisions of this act. 


Sec. 55. Every provision of Title XVIII of the 1913 Penal Code of 
Arizona, and all provisions amendatory thereof by initiative or otherwise, 
except as appears herein by way of amendment or revision, are hereby 


repealed. 

Filed June 22, 1920. 





Submitted to the Electors of Arizona, November 2, 1920 23* 


AN ACT 

CREATING A STATE CIVIL SERVICE COMMISSION; DEFINING 
ITS POWERS AND DUTIES; PROVIDING FOR THE CLASSIFICATION 
OF ALL OFFICES AND PLACES OF EMPLOYMENT IN THE SERVICE* 
OF THE STATE, WITH CERTAIN ENUMERATED EXCEPTIONS; DE¬ 
FINING, ESTABLISHING AND REGULATING THE CLASSIFIED CIVIL* 
SERVICE OF THE STATE; PROVIDING FOR THE EXAMINATION, 
APPOINTMENT AND EMPLOYMENT OF APPLICANTS FOR OFFICES 
OR PLACES OF EMPLOYMENT IN THE CLASSIFIED CIVIL SERVICE; 
GIVING PREFERENCE TO FORMER SOLDIERS AND SAILORS IN 
CERTAIN CASES; PROVIDING FOR THE SUSPENSION OR REMOVAL, 
FOR CAUSE, OF INCUMBENTS OF SUCH OFFICES AND PLACES OF 
EMPLOYMENT; PROTECTING SUCH INCUMBENTS FROM UNLAW¬ 
FUL SUSPENSION OR ^REMOVAL; PRESCRIBING PENALTIES FOR 
THE VIOLATION OF THIS ACT; AND REPEALING ALL LAWS IN 
CONFLICT HEREWITH. 

AN INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona for their 
approval t>r rejection at the 

‘ REGULAR GENERAL ELECTION - 

to be held * 

ON THE SECOND DAY OF NOVEMBER, 1920. 

By Initiative Petition of the people filed in the office of the Secretary o$ 
State June 29, 1920, in accordance with the provisions $f 
Paragraph 3328, Chapter I, Title XXII, Revised 
Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII. Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 

MIT SIMMS, Secretary of State. 


The following is the form and number in which the question will be 
printed on the official ballot: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT 

CREATING A STATE CIVIL SERVICE COMMISSION: DEFINING 
ITS POWERS AND DUTIES; PROVIDING FOR THE CLASSIFICATION 
OF 4LL OFFICES AND PLACES OF EMPLOYMENT IN THE SERVICE' 
OF THE STATE, WITH CERTAIN ENUMERATED EXCEPTIONS; DE¬ 
FINING ESTABLISHING AND REGULATING THE CLASSIFIED CIVIL* 
SERVICE OF THE STATE; PROVIDING FOR THE EXAMINATION, 
APPOINTMENT AND EMPLOYMENT OF APPLICANTS FOR OFFICES 
OR PLACES OF EMPLOYMENT IN THE CLASSIFIED CIVIL SERVICE; 
GIVING PREFERENCE TO FORMER SOLDIERS AND SAILORS IN 
CERTAIN CASES; PROVIDING FOR THE SUSPENSION OR REMOVAL, 
FOR CAUSE, OF INCUMBENTS OF SUCH OFFICES AND PLAQES OF 
EMPLOYMENT; PROTECTING SUCH INCUMBENTS FROM[ UNLAW¬ 
FUL SUSPENSION OR REMOVAL; PRESCRIBING PENALTIES FOR 









24 


Pamphlet Containing Measures to Be 


THE VIOLATION OF THIS ACT; AND REPEALING ALL* LAWS IN 
CONFLICT HEREWITH. 

If you favor the above law, vote YES; if opposed, vote NO. 


306 Yes. 


307 No. 


(On Official Ballot Nos. 306 and 307.) 

AN ACT 

CREATING A STATE CIVIL SERVICE COMMISSION; DEFINING 
ITS POWERS AND DUTIES; PROVIDING FOR THE CLASSIFICATION 
OF ALL OFFICES AND PLACES OF EMPLOYMENT IN THE SERVICE 
OF THE STATE, WITH CERTAIN ENUMERATED EXCEPTIONS; DE¬ 
FINING, ESTABLISHING AND REGULATING THE CLASSIFIED CIVIL 
SERVICE OF THE STATE; PROVIDING FOR THE EXAMINATION, 
APPOINTMENT AND EMPLOYMENT OF APPLICANTS FOR OFFICES 
OR PLACES OF EMPLOYMENT IN THE CLASSIFIED CIVIL SERVICE; 
GIVING PREFERENCE TO FORMER SOLDIERS AND SAILORS IN 
CERTAIN CASES; PROVIDING FOR THE SUSPENSION OR REMOVAL.. 
FOR CAUSE. OF INCUMBENTS OF SUCH OFFICES AND PLACES OF 
EMPLOYMENT; PROTECTING SUCH INCUMBENTS FROM UNLAW¬ 
FUL SUSPENSION OR REMOVAL; PRESCRIBING PENALTIES FOR 
THE VIOLATION OF THIS ACT; AND REPEALING ALL LAWS IN 
CONFLICT HEREWITH. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA*: 

Section 1. There is hereby created a State Civil Service Commission 
consisting of three persons appointed by the Governor, by and with the 
advice and consent of the Senate. On the first Monday in February, 
1921, after this act shall take effect the Governor shall, by and with the 
advice and consent of the Senate, appoint three citizens as Civil Service 
Commissioners to hold office, one for two years, one for four years, and 
one for six years from the date of their respective confirmations by the 
Senate, and until their respective successors are appointed and qualified, 
and they shall constitute the State Civil Service Commission, and on the 
first Monday of February, 1923, and at the end of every two years there¬ 
after, the Governor shall, in like manner and by and with the advice and 
consent of the Senate, appoint one person as the successor of the com¬ 
missioner whose term shall expire in that year, to serve as such commis¬ 
sioner for six years, and until his successor is appointed and qualified; 
provided, that no person whose nomination or appointment as such com¬ 
missioner shall have been rejected by the Senate shall be eligible to hold 
said office under recess appointment. Two commissioners shall constitute 
a .quorum. All appointments to said commission, both original and to 
fill vacancies, shall be so made that not more than two members shall, 
at any one time, be members of the same political party. Said commis¬ 
sioners shall hold no other lucrative. office or employment under the 
United States, the State of Arizona, or under any political division or 
municipal corporation thereof. Each commissioner, before entering upon 
the duties of his office, shall take the oath prescribed by the Constitution 
of this state. 

Sec. 2. The Governor may remove any commissioner for want of 
moral, character, incompetency, neglect of duty or malfeasance in office. 
The Governor shall at the same time report in writing any such removal 
to the Senate, with his reasons therefor. If the Legislature is not then 
in session, such report shall be filed in the office of the Secretary of 













F Submitted to the Electors of Arizona, November 2, 1320 25 


State, and shall be transmitted by him to the Senate within ten days after 
the commencement of the next session. In case of vacancy in the office 
of commissioner, the unexpired term shall be filled by appointment by 
the Governor, by and with the advice and consent of the Senate. When 
the Senate is not in session the Governor may make appointments and 
fill vacancies in the commissionerships hereby created; but all appoint¬ 
ments made when the Senate is not in session shall be subject to be con¬ 
firmed by the Senate at its next session before becoming permanent. No 
person shall be appointed a member of the State Civil Service Commis¬ 
sion who has not been a citizen of the United States and a citizen of the 
state for five years next preceeding his appointment and who has not 
attained the age of twenty-five years. 

Sec. 3. Said commissioners shall within four months after their ap¬ 
pointment classify all the offices and places of employment in the state 
service, except as provided in Section 15 of this act, with reference to 
the duties thereof, for the purpose of establishing grades and for the 
purpose of fixing and maintaining standards of examinations hereinafter 
provided for. Such classification shall include all offices and places of 
employment now in existence or which may hereafter be created in the 
State service of the State of Arizona, except those expressly exempted 
from the operation of this act in Section 15 hereof. The offices and 
places so classified by the commission shall constitute the classified Civil 
Service of the state, and no appointments to any such offices or places 
shall be made except under and according to the provisions of this act 
and the rules hereinafter mentioned. 

Sec. 4. The commission shall ascertain the duties of each office and 
place in the classified service and designate by rule the grade of each 
position. Each grade shall comprise offices and places having substan¬ 
tially similar duties. The commission shall by rule indicate the lines of 
promotion from each lower grade to a higher grade, wherever the ex¬ 
perience derived in the performance of the duties of such lower grade 
tends to qualify for performance of duty in such higher grade. The com¬ 
mission shall by rule prescribe standards of efficiency for each grade and 
for examinations of candidates for appointment thereto. The commission 
shall standardize employment in each grade and make and keep record 
of the relative efficiency of each officer and employee in the classified 
service. It shall provide by rule methods for ascertaining and verifying 
the facts from which such records of relative efficiency shall be made, 
which shall be uniform for each grade of the classified service. 

Sec. 5. Said commission shall make rules to carry out the purposes 
of this act, and for examinations, appointments, transfers and removals 
and for maintaining and keeping records of the efficiency of officers and 
employees, and groups of officers and employees in accordance with the 
provisions of this act, and said commission may from time to time make 
changes in such rules. 

Sec. 6. All rules made as hereinbefore provided, and all changes 
therein, shall forthwith be printed for distribution by the said commis¬ 
sion; and the commission shall give notice of the place or places where 
said rules may be o’ ained by publication in one or more newspapers pub¬ 
lished in each county in the state, and in each publication shall be speci¬ 
fied the date, not less than ten days subsequent to the date of such publi¬ 
cation, when said rules shall go into operation* Copies of all said rules 
and of all changes therein duly certified hy the secretary of the commis¬ 
sion. shall be filed in the office of the Secretary of State, and shall also 
be sent to the County Recorder of each county in the state within ten 
days after the adoption thereof, and shall by said County Recorder be 
filed, preserved, indexed and r ecorded in well bound books kept for that 



26 Pamphlet Containing Measures to Be 


purpose, while files and records shall be open to inspection by the public 
at all reasonable hours. 

Sec. 7. Ail applicants for offices or places in said classified' service, 
except those mentioned in Section 15 hereof, shall be subjected to exami¬ 
nation, which shall be public, competitive and free to all citizens of th© 
State of Arizona, with limitations specified in the rules of the commission 
as to residence, age, sex, health, habits, moral character and qualifications 
to perform the duties of the office or place to be filled, which qualifica¬ 
tions shall be prescribed by rule in advance of such examination, provided, 
however, that in examinations for technical positions citizenship may b© 
waived. Such examinations shall be practical in their character and shall 
relate to those matters which will fairly test the relative capacity of th© 
persons examined to discharge the duties of the position to which they, 
seek to be appointed, and may include tests of physical qualifications and 
health, and when appropriate, of manual skill. No questions in any 
examination shall relate to political or religious opinions or affiliations. 
The commission shall control all examinations and may, whenever an 
examination is to take place, designate a suitable number of persons, 
either in or not in the official service of the state, to be examiners; and 
it shall be the duty of such examiners, and if in the official service it 
shall, without extra compensation, be a part of their official duty to con¬ 
duct such examination as the commission may direct, and to make retuHi 
or report thereof to said commission; and the commission may at any 
time substitute any other person, whether or not in such service, in th© 
place of any one so selected, and the commission may themselves at any 
time act as such examiners and without appointing examiners. , ‘ 

Sec. 8. Notice of the time and place and general scope of every 
examination shall be given by the commission by publication, for two' 
weeks preceding such examination, in one or more newspapers of general 
circulation published in each county of the state, and such notice shall 
also be posted by said commission in a conspicuous place in their office 
for two weeks before such examination. Such further notice of examina¬ 
tion shall be given as the commission shall prescribe. Written or printed 
notice of every examination shall also be sent by the commissioners to 
the County Recorder of each county in the State and by him, promptly 
upon its receipt, be posted in a conspicuous place in the court house of 
such county. , 

Sec. 9. From the returns or reports of examiners, or from the examl-* 
nations made by the commission the commission shall prepare a register 
for each grade or class of positions in the classified service of the state 
for the persons who shall attain such minimum mark as may be fixed by 
the commission for any part of such examination and whose general aver¬ 
age standing upon examination for such grade or class is not less than 
the fiiinimum fixed by the rules of said commission, and who are other¬ 
wise eligible; and such persons shall take rank upon the register as 
candidates in the order of their relative excellence as determined by 
examination, without reference to priority' of time of exarninaton. 

Sec. 10. The commission shall note of record .the duties (whether 
imposed by law, official regulations or practice) of each office or place 
in the classified service. It shall thereupon by rule fix lines of promotion 
from such several officesoand places to superior offices and plsxes in all 
cases, 'where, in the judgment of the commission, the duties of such, 
several positions directly tend to fit the incumbent for a superior position. 

In case : of vacancy in superior offices or places, which can not be filled by 
reinstatement, the commisson shall hold promotion examinations to fill 
such vacancy. Incumbents of offices or places next lower in the line so 
fixed'%hall be solely eligible for such examination unless in the judgment 



Submitted to the Electors of Arizona, November 2, 1920 


27 


— ---—-——-—■—■— . .. . f 

of the commission, to be noted in its minutes with the grounds therefor. 

It is for the best interests of the service that original examinations for such 
vacancy be held. In promotional examinations, efficiency and seniority 
In service shall form a part of such examination, but combined, shall not 
carry a total number of marks to exceed one-quarter of the maximum 
mark attainable in such examination. All examinations for promotion 
shall be competitive. The method of examination, the rules governing 
the same, and the method of certifying shall be the same as provided for 
In original examinations. , . 

Sec. 11. Whenever a position classified under this act is to be filled, 
the appointing officer shall make requisition upon said commission, and 
the commission shall certify to him the name and address of the three 
candidates standing highest upon the register of eligibles. The appoint¬ 
ing officer shall make selection for the first vacancy from the three 
highest names certified or on the register, with sole reference to merit 
and fitness, unless objection shall be made, and sustained by the commis¬ 
sion, to one or more of the persons certified. The appointing officer shall 
notify the commission of each position to be filled separately and shall 
£11 such position by the appointment of one of the persons certified to him 
by said commission therefor, which appointment shall be on probation 
for a period of not more than six months to be fixed by said rules. At 
any time during the period of probation, the appointing officer may dis¬ 
charge a person so certified and shall forthwith notify the commission 
In writing of such discharge. If such person is not thus discharged, his 
appointment shall be deemed complete. 

Sec. 12. The commission may refuse to examine an applicant or to 
certify an eligible for any of the following reasons: (a) dismissal from : 
the service for delinquency or misconduct within one year next preceding 
the date of his application; (b) physical or mental unfitness for the posi¬ 
tion for which he applies; (c) criminal, infamous, dishonest, immoral, or 
notoriously disgraceful conduct; (d) intentionally makng a false state- , 
ment in any material fact, or practicing any deception or fraud in securing 
examination, registration, certification, or appointment; (e) refusal to 
furnish testimony to the commission or its authorized representatives in 
regard to matters inquired of arising under the Civil Service Act and 
rules and to subscribe such testimony and make oath or affirmation to 
the same before some officer authorized by law to administer oaths* 

(f) the habitual use of intoxicating liquors. Any of the last five fore¬ 
going disqualifications shall be good cause for removal from the service. 

Sec. 13. All persons who were enlisted or commissioned in the mili¬ 
tary or naval service of the United States, including members of the 
Army Nurse Corps, between April 21st, 1898, and April 11th, 1899, and 
between April 6th, 1917, and November 11th, 1918, or who were enlisted 
©r commissioned in the military or naval service of the United States in 
any war, and who were honorably discharged therefrom, shall be pre- 
fered for appointment to civil offices, provided they are found to possess 
the business capacity necessary for the proper discharge of the duties 
of such office, and it shall be the duty of the examiner or commissioner 
certifying the list of eligibles who have taken the examination provided 
for in this act, to place the name or names of such persons at the head 
©f the list of eligibles to be certified for appointment. 

Sec. 14. When there is no eligible list, the appointing officer may, 
with the authority of the commission, make temporary appointments to 
remain in force only until regular appointments under the provisions of 
this act can be made. In employment of an essentially temporary and 
transitory nature, the appointing officer may, with the authority of the 
commission, make temporary appointments to fill a vacancy, but no such 





28 


Pamphlet Containing Measures to Be 


authority shall be granted for a period of more than thirty (30) days, 
but it may be renewed from time to time by the commission. The com¬ 
mission shall include in its annual report, and if thereunto required by 
the Governor, in any special report, a statement of all temporary authori¬ 
ties granted or renewed during the year or period specified by the Gov¬ 
ernor, together with a statement of the facts in each case because of 
which such authority was granted. The acceptance or refusal by any 
eligible person of a temporary appointment, shall not affect the standing 
©n the register for permanent appointment. 

Sec. 15. The classified civil service, as defined and established by 
this act, shall not include: (1) Officers elected by the people; (2) Judges 
©r officers appointed by the Judge or Judges of any court, Clerks of Couih- 
©fficers or employees of the Legislature or either House thereof; (3) of¬ 
fices, positions or places of employment in the military service of the 
state; (4) Notaries Public; (5) Officers appointed by the Governor by 
and with the advice and consent of the Senate; (6) One private secretary 
and one stenographer for each elective officer in the executive depart¬ 
ment; (7) Regular or special assistant attorneys general, or law clerks, 
special investigators or special attorneys' employed by the Attorney 
General or by the Civil Service Commission, or by any board; (8) Presi¬ 
dents, deans, principals, professors, instructors, scientific staff or other 
teachers of the University of Arizona or of the State Normal Schools; 
(9) Employees of the executive mansion; (10) The superintendent of 
capitol building and grounds; (11) Bank examiners, examiners of build¬ 
ing and loan associations, insurance actuaries or examiners of insurance 
companies; (12) The chief examiner of the Civil Service Commission;. 
(13) Superintendents, wardens or chaplains in the state charitable, 
penal and correctional institutions; (14) Clerks and watchmen in the 
offices of the Governor; (15) Members of the commission on state insti¬ 
tutions; (16) Members of the State Land Commission; (17) Members of 
the Live Stock Sanitary Board; (18) Members of the Sheep Sanitary 
Commission; (19) Members of the Board of Pardons and Paroles; (20) 
Members of the Arizona Commission of Agriculture and Horticulture; 
(21) Members of the State Fair Commission; (22) Commissioners for pro¬ 
motion of uniformity of legislation in the United States; (23) Members 
of the Board of Curators of the State Library; (24) Members of the 
Board of Examiners for the examination of applicants for admission to 
the bar; (25) Members of the Board of Dental Examiners; (26) Members 
of the Board of Medical Examiners; (27) Members of the Board of 
Pharmacy; (28) Members of the State Board "of Embalming; (29) Mem¬ 
bers cf ; ,the State Board of Examiners in Optometry; (30) Positions to 
"which, no pecuniary remuneration is attached. In the University of Ari¬ 
zona and in the State Normal School students may be employed under 
the rules, of the Civil Service Commission without examination or 
certification. 

Sec;, 16. No officer or employee in the classified civil service of the 
state-shall be removed, discharged or reduced in rank or ^ay by the 
appointing officer for political, racial or religious reasons. 

Sec; 17. No officer or employee in the classified civil service shall 
be removed or discharged except for cause upon written charges and 
after ah apportimity to be heard in his own defense. Such charges shall 
be investigated by or before said Civil Service Commission, or by or 
before &6me officer or board appointed by said * commission to conduct 
such investigation. The findings and decision of such investigating officer 
or board, when approved by said commission, shall be certified to the 
appointing officer, and shall be forthwith enforced by such officer. Nothing 





Submitted to the Electors of Arizona, November 2, 1920 


29 


in this act shall limit the power of any officer to suspend a subordinate 
for a reasonable period, not exceeding thirty days. Every such suspension 
shall be without pay. Provided, however, that the commission shall have 
authority to investigate every such suspension, and in case of its dis¬ 
approval thereof, it shall have the power to restore pay to the employee 
so suspended. In the course of any investigation provided for in this 
act each member of the commission, and of any board so appointed by it, 
and any officer so appointed, shall have the power to administer oaths 
and shall have power-to secure by its subpoena both the attendance and 
testimony of witnesses, and the production of boohs and papers. Nothing 
in this section shall be construed to require such charges in case of 
laborers or in case of persons having the custody of public money for the 
safe keeping of which another person has given bonds. 

SeOr 18. Immediate notice in writing shall be given by the appointing 
power to said commission of all appointments, permanent or temporary, 
made in such classified civil service, and of all transfers, promotions, resig¬ 
nations or vacancies from any cause in such service and of the date 
thereof, and a record of the same shall be kept by said commission. 
When any office or place of employment is created or abolished or the 
compensation attached thereto altered, the officer or board making such, 
change shall immediately jrepcrt it in writing to said commission. 

Sec. 19. The commission shall investigate the efficiency of all officers 
"and employees and of all groups of officers and employees in the classified, 
service and shall report to each officer, board or other authority in charge 
of any institution, office or department of the state government its find¬ 
ings and recommendations relative to increasing efficiency and economy 
therein. In case the recommendations made by the commission are not 
carried into effect within a reasonable time, or in case of a difference of 
opinion with reference to such findings or recommendations between the 
commission and the officer, board or other authority in charge of an insti¬ 
tution, office, or department concerned in any such finding or recom¬ 
mendation, the report accompanied by a note of the relevant facts shall 
be transmitted to the Governor by the commission. The commission shall 
investigate the enforcement of this act and of the rules of the commis¬ 
sion, the conduct of the appointees in the classified service, and the 
methods of administration therein, and may investigate the nature, tenure 
and compensation of all offices and places in the civil service of the state. 
In the course of such investigation each commissioner shall have power 
to administer oaths and said commission shall have power to secure by its 
subpoena both the attendance and the testimony of witnesses and the 
production of books and papers. 

Sec. 20. Said commission shall, on or before the 1st day of December 
of each year, make to the Governor a report showing its own action, the 
rules in force, the practical effects thereof and any suggestions it may 
approve for the more effectual accomplishment of the purpose of this 
act. The Governor may require a report from said commission 7 at any 
other time. 

Sec. 21. Said commission shall Select one of its members; as presi¬ 
dent and shall employ a chi# examiner whose duty it shall be, under the 
direction of the commission, to superintend examinations, and Who shall 
perform such other duties as the commission shall prescribe. The chief 
examiner shall be ex-officio secretary of said commission, under the direc¬ 
tion of the commission. He, as such secretary, shall keep the minutes 
of the proceedings, preserve all. reports made to it, keep a record of all 
examinations held under its direction, and perform such other duties 
as the commission shall pescribe. 




30 


Pamphlet Containing Measures to Be 


22 ' , AU officers of the state shall aid said commission in all 

S5°P5 r ,'' a ,T s m car rymg out the provisions of this act. The Secretary o* 

Phoen^X T^'V, 00 ^ *2 be pr0Vid6d for «aid coSS at 

any ^vil division therln? ?® h ® ? Uty 0t the officers of tbe state or of 
d -. thereof, at any place where examinations are directed 

by Jr e co fJ 1T P lsslon t or by its rules to be held, to allow reasonable, u^e of 
public buildings and rooms and to beat and light the slme for hofdini 

commiSon 1 sh t aH n me n t d - U pa a11 1>r ° pei ' ways t0 facilitate the same. ThI 
month exc^u”and A^ust mXi AriZ ° na ’ at leaSt ° nCe in eael1 calendar 

, ® e . c .- 23 - E acb of said commissioners shall receive a per diem of 

ten dollars per day while actually engaged in the business of said com 

Sf the ? m ® m tbe officiaI service of the state serving as a member 
of the boa.d of examiners or of a trial board shall receive coniDensatinn 
for every day actually and necessarily spent in the discharge of his dutv 
as an examiner or a member of a trial board at the ra^ of not exceedL- 
d °i llarS per da - v aud necessary traveling expenses. Said comSssioa 
may also mcur necessary expenses for clerk hire, stationery printing and 

flSiw P r 9 ld r a /' XpenSeS) and the said salari es and expenses shall be 
to thl State P 4udw n n? r rified statement, approved by the commission 

rufife^ 

* ™;f' and th ®. State Treasurer is hereby authorized and d rected 
genSIl fund : ! n t e hel,f e t iS her ® by annuaIly appropriated, out of the 
Ss of rtir act State treasury > a sum aafficient to carry out the pro- 

oec. 24. *<o person or officer shall wilfully or corruptlv bv himsplf 
! 111 co-opera ion with one or more persons, defeat, deceive or obstruct 

rnJnmHv 011 , re 8p8ct ills or her right of examination hereunder- or 
coiruptly or falsely mark, grade, estimate or report upon the examination 
or proper standing of any person examined hereunder or aid in so doin~* 
or wilfully or corruptly make any false representation concerning th^ 
same or concerning the person examined; or wilfully or corruptly furnish 
to any person any special or secret information for the purpose of ffifher 
improving or injuring the prospects or chances of any person so examined 
or to be exarmned being appointed, employed or promoted. And no app^ 
cant for any examination shall wilfully or corruptly bv himself o? in no 
operation with one or more persons, deceive the said commission with 
reference to.diis identity, or wilfully or corruptly make any false reoresen- 
tations m hrct. application for any examination or commit any fraud for 
the purpose of improving his prospects or chances in such examinaSon 
Sec. 25. -No officer, employee or other person shall solicit oraMv or 
by letter,, or be m any manner concerned in soliciting any assessment 
contribution-cf money or other thing of value for any candidate narfcv 

We- r ’ tr ° m any CWcer ° r eraployee ’ to ««* 

0 . T1Qr1 S ec * 26: offic ? r or employee of the state shall discharge or de- 

fa timi °nf ntPnSf’ ° r m aUy i manner change the official rank or ? compel 
sation of afiy officer or employee in the classified service of the state P nr 
promise or threaten to do so, for giving or withholding or for failure to 
make any contribution of money or other valuable thilg, fo? any candt 
date, Party or tor any political purpose or for refusal or for failure to 
lender political-service to any candidate or political party. 






Submitted to the Electors of Arizona, November 2, 1920 31 


Sec. 27. No applicant .for appointment fn said classified civil service, 
either directly or indirectly, shall pay or promise to pay, any money or, 
other valuable thing to any person whatever* for or on account of his 
appointment or proposed appointment, and no officer or employee in 
the classified service of the state shall pay or promise to pay, either 
directly or indirectly, any person any money or other valuable thing 
[whatever, for or on account of his promotion or proposed promotion. 

i ' Sec. 28. No applicants for appointment or promotion in said classified 
Civil service shall ask for or receive any recommendation or assistance 
from any officer or employee in said service or from any person, upon 
the consideration of any political service to be rendered to or for such 
person, or for the promotion of such person to any office or appointment. 

Sec. 29. No person, while holding an office or position in the classi¬ 
fied service of the state, or in nomination for or while seeking a nomina¬ 
tion for or appointment to any such office, shall corruptly use or promise 
to use, either directly or indirectly any official authority or influence 
'{whether then possessed or merely anticipated) in the way of conferring 
upon any person, or in order to secure or aid any person in securing any 
office or public employment in the classified service, or any nomination, 
confirmation, promotion or increase of salary, upon the consideration or 
condition that the vote or political influence or action of the last named 
person or any other, shall be given or used in behalf of any candidate, 
officer or party, or upon any other corrupt condition or consideration. 

v Sec. 30. No officer of the executive department of the state shall 
approve any voucher for any claim of any public officer for the services 
of any person employed in the classified service of the state in violation 
Of the provisions of this act. 

i- Sec. 31. The commission shall certify to the State Auditor all ap¬ 
pointments to offices and places in the classified civil service, and all 
■vacancies occurring therein, whether by dismissal, resignation or death; 
and all findings made or approved by the commission that a person shall 
foe discharged from the classified civil service under Jhe provisions of 
Section 17 of this act. 

* Sec. 32. No treasurer or other officer, agent or employee of the state 
shall approve the payment of, or be in any canner concerned in paying 
any salary or -wages to any person for services as an officer, agent or 
employee in the service of the state, unless such person is occupying or 
has occupied an office or place of employment according to the provisions 
of law and. has actually performed the duties thereof and is entitled to 
payment therefor. 

Sec. 33. It shall be unlawful for the auditor or any other officer, 
Agent or employee of the state to draw, sign or issue, or authorize the 
drawing, signing or issuing of any warrant on the treasurer, or any 
disbursing officer of the state, for the payment of, or for the treasurer or 
other disbursing officer of the state to pay any salary or compensation 
to any officer, clerk or other person in the classified service of the state, 
unless on an estimate, payroll or account for such salary or compensa¬ 
tion containing the names of the persons to be paid and a statement of 
the amount to be paid, and the matter on account of which the same is 
to.be paid, shall be filed with him, bearing the certificate of the State 
Civil Service Commission that the person named in such estimate, pay¬ 
roll or account have been appointed or employed or promoted in pursuance 
©f law and of the rules made in pursuance of this act. 

Sec. 34. Any person who shall be served with a subpoena to appear 
And testify, or to produce hooks and papers, issued by the commission, 
or by any commissioner, or by any board, or persons acting under the 




32 


Pamphlet Containing Measures to Be 


orders of the commission in the course of an investigation, conducted 
under any of the provisions of this act, and who shall refuse or neglect 
to appear or to testify, or to produce books and papers relevant to said 
investigation, as commanded in such subpoena, shall be guilty of a mis¬ 
demeanor and shall, on conviction, be punished as provided in Section 
36 of this act. The fees of witnesses for attendance and travel shall be 
the same as the. fees of witnesses in civil cases before the Superior 
Courts of this state. 

Sec. 35. Any Superior Court of this state or any Judge thereof, upon 
application of any such commissioner, or officer or board, may, in his 
discretion, compel the attendance of witnesses, the production of books 
and papers and giving of testimony before the commission or before any 
such commissioner, investigating board or officer, or by attachment for 
contempt or otherwise in the same manner as production of evidence may 
be compelled before said court. Every person w r ho, having taken an oath 
or made affirmation before a commissioner or officer appointed by the 
commission authorized to administer oaths shall wilfully swear or affirm 
falsely concerning any material matter shall be guilty of perjury and 
upon conviction shall be punished accordingly. 

Sec. 36. Any person who shall wilfully, or through culpable negli¬ 
gence, violate any of the provisions of this act, or any commissioner, 
examiner, agent or employee of the commission, or any applicant who 
shall wilfully or through culpable negligence violate any rule promulgated 
in accordance with the provisions hereof, shall be guilty of a misde¬ 
meanor, and shall on conviction thereof, be punished by a fine of not less 
than fifty dollars nor more than one thousand dollars, or by imprison¬ 
ment in the county jail for a term not exceeding six months, or both 
such fine and imprisonment, in the discretion of the court. 

Sec. 37. If any person shall be convicted under the last preceding, 
section, any public office or place of public employment which such per¬ 
son may hold, snail, by force of such conviction, he rendered vacant. 

Sec, 38. Prosecutions for violations of this act may be instituted 
either by the Attorney General or by the County Attorney for the county 
in which the offense is alleged to have been committed, or by the com¬ 
mission acting through special counsel. Such suits shall be conducted 
and controlled by the prosecuting officers who institute them unless they 
request Vke aid of other prosecuting officers. 

Sec. 39. All law r s or parts of laws which are inconsistent wdth this 
act, Or with any provision thereof, are hereby repealed. 


Filed June 29- 1920. 






Submitted to the Electors of Arizona, November 2, 1920 33 


ARGUMENT 

(Affirmatve) 

Submitted by 

L. A. ENGLE, JR., POST OP THE AMERICAN LEGION. 

In favor of the measure designated on the official ballot as follows: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT 

CREATING A STATE CIVIL SERVICE COMMISSION; DEFINING 
ITS POWERS AND DUTIES; PROVIDING FOR THE CLASSIFICATION 
OF ALL OFFICES AND PLACES OF EMPLOYMENT IN THE SERVICE 
OF THE STATE, WITH CERTAIN ENUMERATED EXCEPTIONS; DE- # 
FINING, ESTABLISHING AND REGULATING THE CLASSIFIED CIVIL 
SERVICE OF THE STATE: PROVIDING FOR THE EXAMINATION, 
APPOINTMENT AND EMPLOYMENT OF APPLICANTS FOR OFFICES 
OR PLACES OF EMPLOYMENT IN THE CLASSIFIED CIVIL SERVICE; 
GIVING PREFERENCE TO FORMER SOLDIERS AND SAILORS IN 
CERTAIN CASES; PROVIDING FOR THE SUSPENSION OR REMOVAL, 
FOR CAUSE, OF INCUMBENTS OF SUCH OFFICES AND PLACES OF 
EMPLOYMENT; PROTECTING SUCH INCUMBENTS FROM UNLAW¬ 
FUL SUSPENSION OR REMOVAL; PRESCRIBING PENALTIES FOR 
THE VIOLATION OF THIS ACT; AND REPEALING ALL LAWS IN 
CONFLICT HEREWITH. 

If you favor the above law, vote YES; if opposed, vote NO. 


306 Yes. 


307 No. 


ARGUMENT IN FAVOR OF INITIATIVE MEASURE CREATING A 
CIVIL SERVICE COMMISSION. 

The application of the merit system to state, county and municipal 
governments has proved successful wherever it has been given a fair 
trial, and its adoption by the people of this state at the coming November 
election will secure to the people of Arizona the most efficient government 
possible. 

Under the present system in vogue in this state, appointments of 
persons to public office are made not on account of their ability to do 
certain work, but because they are followers and supporters of certain 
politicians and they acknowledge no obligations except to those politi¬ 
cians responsible for their appointment, and their public duties, if not 
entirely disregarded, are negligently and inefficiently performed. The 
proposed law submitted to the voters of Arizona for their verdict, pro¬ 
hibits the solicitation of campaign assessments from state employees and 
prohibits them from usng their official positions in coercing political action 
and makes merit the sole qualification for appointment to positions in the 
Classified Civil Service of the state. It takes away the desire on the 
part of heads of departments and election officials to increase the number 
and the salaries of the employees in their departments, with the idea of 
perpetuating themselves in office by organizing a political machine of 
those working for them. 

Civil Service is not an experiment—it is in force and working suc¬ 
cessfully in California, Connecticut, Massachusetts, New Jersey, Ohio, 













#4 Pamphlet Containing Measures to Be 


•Colorado, Illinois, Kansas, New York and Wisconsin, and in the principal 
cities of the country, New York, Chicago, San Francisco, Los Angeles, 
Denver and many others. Practically all departments of our Federal 
•Government are now under civil service, and there is no record of its 
being repealed wherever it has been established. To recapitulate, its 
•adoption by. the people of this state means: 

(1) That merit rather than political influence will govern state ap¬ 
pointments in the future. A state employee should be made to feel that 
lie owes his allegiance to the people of the state, rather than as at present 
to some political clique w r ho assume responsibility for securing and keep¬ 
ing him in his position; 

(2) That it will increase the efficiency of the state service by insur¬ 
ing men or women who are giving good service that, they will hold their 
positions irrespective of changes made by. politics; 

(3) That increased efficiency as a result of the adoption of this act 
means a reduction of taxation in this state. All citizen-taxpayers are 
taxed to pay the salaries of many useless officials who simply hinder 
business by their incompetency; 

(4) Honorably discharged soldiers, sailors, marines and members 
■of the army nurses corps are given preference in state appointments, pro¬ 
vided they show themselves competent by examination for the positions 
they seek. Don’t you think they are entitled to this preference? Private 
individuals and corporations are according them preference in private 
'employment. 

Finally: We must have in our government democracy and efficiency. 
Democracy is answered by offering civil service examination to all who 
wish to apply for office. Efficiency is secured by appointing those whom 
the civil service examination has demonstrated most capable, and by 
keeping them in office as long as they remain capable. 

We earnestly solicit your interest and active support of this bill, be¬ 
lieving as we do that its adoption will destroy the spoils system now in 
operation in this state, and throw all positions open to every citizen who 
is ambitious or desirous of securing a state position, which cannot be 
dpne'now except through the favor of some politician. 

Respectfully submitted, 

L. A. ENGLE, JR., POST OF THE AMERICAN LEGION, 

By DAN ANGILL, Post Commander. 

E. HICKS, Post Adjutant. 

* AN ACT 

PROVIDING FOR THE CREATION AND ORGANIZATION OF 
COUNTIES OF THE STATE; FOR ELECTIONS IN CONNECTION 
THEREWITH AND OF OFFICERS THEREFOR; FOR THE PERFORM¬ 
ANCE OF CERTAIN OFFICIAL DUTIES IN AID THEREOF; AND CER¬ 
TAIN ACTS AND THINGS FOR THE ACCOMPLISHMENT THEREOF; 
FOR THE PUNISHMENT OF VIOLATIONS OF THIS ACT; AND FOR 
THE REPEAL OF ALL ACTS AND PARTS OF ACTS IN CONFLICT 
HEREWITH. 

AN .INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona for their 
approval or rejection at the 
REGULAR GENERAL ELECTION 
to be held 

ON THE SECOND DAY OF NOVEMBER, 1920. 




Submitted to the Electors of Arizona, November 2, 1920 3ti 


By Initiative Petition of the people filed in the office of the Secretary of 
State June 30, 1920, in accordance with the provisions of 
Paragraph 3328, Chapter I, Title XXII, Revised 
Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Re* * 
yised Statutes of Arizona, 1913, Civil Code. 

MIT SIMMS, Secretary of State. 

The following is the form and number in which the question will be 
printed on the official ballot: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT 

PROVIDING FOR THE CREATION AND ORGANIZATION OF 
COUNTIES OF THE STATE; FOR ELECTIONS IN CONNECTION 
THEREWITH AND OF OFFICERS THEREFOR; FOR THE PERFORM¬ 
ANCE OF CERTAIN OFFICIAL DUTIES IN AID THEREOF; AND CER¬ 
TAIN ACTS AND THINGS FOR THE ACCOMPLISHMENT THEREOF; 
FOR THE PUNISHMENT OF VIOLATIONS OF THIS ACT; AND FOR 
THE REPEAL OF ALL ACTS AND PARTS OF ACTS IN CONFLICT 
HEREWITH. 

If you favor the above law, vote YES; if opposed, vote NO. 
r 308 Yes. ' " 


309 No. 


(On Official Ballots Nos. 309 and 309.) 

AN ACT 

PROVIDING FOR THE CREATION AND ORGANIZATION OF 
COUNTIES OF THE STATE; FOR ELECTIONS IN CONNECTION 
THEREWITH AND OF OFFICERS THEREFOR; FOR THE PERFORM¬ 
ANCE OF CERTAIN OFFICIAL DUTIES IN AID THEREOF; AND CER¬ 
TAIN ACTS AND THINGS FOR THE ACCOMPLISHMENT THEREOF; 
FOR THE PUNISHMENT OF VIOLATIONS OF THIS ACT; AND FOR 
THE REPEAL OF ALL ACTS AND PARTS OF ACTS IN CONFLICT 
HEREWITH. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

* Section 1. Counties of the state may be created and organized upon 
compliance with the procedure therefor set out in this act; provided, that 
no county shall be created by the division of an existing county or 
counties unless taxable property to the value of not less than twenty 
million dollars shall remain in each county and exist within the bounda¬ 
ries of the proposed county, such value to be determined from the valua¬ 
tion set out on the last assessment roll of such county or counties 
Completed prior to the date of filing a petition hereunder; provided 
further, that when the territory for such proposed county is taken from, 
one county only such proposed county shall have a common boundary 
with at least one county other than that from w hich its territory is taken 
or with the state boundary. 

















36 • Pamphlet Containing Measures to Be 


Sec. 2. Whenever a written petition addressed to the Board o£ 
Supervisors of a county, substantially in the form hereinafter set out, 
directs such board to call an election wherein the qualified electors of 
the territory bounded and described in such petition may determine 
whether or not such territory shall be created and organized into a 
county of the state the Board of Supervisors shall proceed in the manner 
directed by this act. 

Sec. 3. Such petition shall be addressed to the Board of Supervisors 
of the county wherein the territory, or a part or portion thereot, bounded 
and descibed therein is situate; shall bound and describe the territory to” 
be taken for the proposed county, all of which shall be contiguous; shall 
direct the board to call an election under this act wherein the qualified 
electors of such territory may determine whether or not such territory 
shall be ceated and organized as a county of the state; shall be subscribed 
.by not less than thirty-three per centum of the electors of such described 
territory, who shall declare, each for himself, that, he is an elector both 
of the state and within such territory; state his postoffice address; his 
residence, together with street and number, if any; and the date he signed 
the petition. Each sheet containing signatures shall be attached to the 
petition and shall be verified by the affidavit of the person in whose 
presence the signatures were subscribed, who shall under oath affirm that 
each such signature was subscribed in his presence and that he believes 
each signer thereof to be an elector within such territory. 

Sec. 4. The petition provided for by this act shall be substantially 
in the following form, to-wit: 

WARNING 

It is a felony for anyone to sign this petition with any name 
ether than his own or knowingly to sign his name more than 
once hereto or to sign this petition when he is not a qualified 
elector within the territory bounded and described herein. 

PROPOSAL TO CREATE AND ORGANIZE A COUNTY 

To the Board of Supervisors of....County, State of Arizona: 

We, the undersigned, qualified electors of that part or portion of said 

.county, particularly bounded and described as follows, 

to-wit: 

(Insert description here) 

direct that you call an election at which the qualified electors of said 
bounded and described territory may vote on the question of the creation 
and organization thereof as a county of the state, as provided by act of 
the electors of the state, November 2, 1920, entitled: “An act providing 
for the creation and organization of counties of the state; for elections in 
connection therewith and of officers therefor; for the performance of 
certain official duties in aid thereof; and certain acts and things for the 
accomplishment thereof; for the punishment of violations of this act; and 
for the repeal of all acts and parts of acts in conflict herewith." 

NAME RESIDENCE POSTOFFICE DATE OF SIGNING 

(Lines for not more than twenty signatures on each sheet.) 

Each and every sheet of any such petition containing signatures shall 






37 


Submitted to the Electors of Arizona, November 2, 1920 


be verified on the back thereof in substantially the following form by the 
person in whose presence such signatures w r ere written: 

STATE OF ARIZONA, ] 

. ...COUNTY, j SS * 

I, ., being first duly sworn, depose 

iand say that (here insert the signatures on the reverse hereon in legible 
writing or typewriting) respectively, signed his name, set down his resi¬ 
dence and date of signing on this page in my presence; I believe that the 
name of each such signer, his residence, post office and date of signing are 
correct, and that > each such signer is an elector within the territory 
bounded and described in the petition hereto attached. 


Affiant. 

Subscribed and sworn to before me this..day of. 


19. My commission expires....... 

(Signature, title, and post office address of 
officer before whom oath is made.) 


Such form is not mandatory and is sufficient if substantially follow'ed, 
K disregarding clerical errors. 

Sec. 5. The basis for determining 'the thirty-three per centum of 
electors aforesaid shall be the total vote for Governor cast at the last 
preceding general election in that part or portion of the county bounded 
' and described in such petition; provided, that should such boundary divide 
an election precinct that portion thereof included in the petition shall, for 
the purposes of this.act, be assumed to contain fifty per centum of the 
electors voting for Governor in such precinct at the last preceding general 
election. 

Sec. 6. The Clerk of the Board of Supervisors shall receive all peti- 
| tions filefeciidei; the provisions of this act* shall endorse thereon the day 
and hoiir^#f such receipt; and shall forthwith notify each member of the 
Board of Supervisors of the filing thereof. 

[ Sec. -7. On the second Tuesday after the day any such petition is so 
filed with the Clerk the Board of Supervisors shall convene in special 
session for the purpose of performing the duties devolving upon it under 
the provisions of this act. 

Sec. 8. At such meeting the Board of Supervisors shall cause such 
petition (exclusive of the signatures, residences and dates of signing there¬ 
on) to be entered on its minutes; shall, thereat, make, and cause to be 
entered on its minutes, an order, calling an election to be held in the 

§ territory bounded and described in such petition on the fourth Tuesday 
next after the date of such meeting, at which the qualified electors of such 
territory may vote on the question of the creation of such bounded and 
described territory as a county of the state; shall select the officers to 
hold such election, who shall be qualified electors of said bounded and 
described territory; shall designate the voting places and provide ballots, 
booths, and all equipment and supplies necessary for holding such elec¬ 
tion; and shall, during a period of not less than fifteen days prior to such 
election, provide for the registration of electors qualified to vote thereat. 

Sec. 9. In the event that the territory included in the petition for the 
proposed county lies in more than one county such petition shall bound 
and describe the territory therefor as a whole, but the petition as to each 
county from which territory is taken shall be subscribed only by electors 











38 


Pamphlet Containing Measures to Be 


of the territory thereof to the number of not less than thirty-three, per 
centum. 

Sec. 10. At the aforesaid meeting of the Board of Supervisors con¬ 
vened to act upon a petition filed hereunder, when it is disclosed by the 
petition that a part of the proposed county lies without the county of such 
Board of Supervisors, the board shall certify the fact of the filing of such 
petition to each Board of Supervisors of the counties wherein a part or 
portion of the proposed county lies. 

Sec. 11. As to all other matters and things herein provided to be 
done and performed by the Board of Supervisors, each board shall act 
therein in the same manner as if all the territory described in any such 
petition lay in its county; provided, that the certification of the result of 
any election held hereunder shall be made by each board to the board of 
such other county and to the Secretary of State. 

Sec. 12. Elector^ possessing the qualifications necessary to vote at 
the general state election, at the time of an election held under this act, 
shall, upon registration therefor, be deemed qualified electors thereat and 
entitled to vote therein; and any person not qualified or entitled to vote 
at any such election, who attempts to vote or votes therein, is guilty of a 
felony and shall be punished as provided by law therefor; and the penal¬ 
ties provided by law for the punishment of crimes against the elective 
franchise shall be applicable to elections held under this act and a viola¬ 
tion of any such provision hereof shall be punished as provided by law. 

Sec. 13. Established election precincts shall remain for the purpose 
of elections held under this act, but where the boundary of the territory 
of the proposed county passes through an election precinct the Board of 
Supervisors may create an additional precinct of such fractional part or; 
attach the saihe to another precinct as its best judgment shall dictate. 1! 

Sec. 14. At the aforesaid meeting, the Board of Supervisors shall 
prepare a notice of the election to be held as herem directed. The notice 
Ehall set forth the proposal to create and establish a county as set out in 
such petition; shall recite the boundaries thereof as therein set out; shall 
name the day whereon the election shall be held as p^fcided by this 
act; shall name the officers and persons to conduct the section; shall 
designate the polling places Avithin the several precincts; and shall set 
out any other matter pertinent to or necessary for the conduct of the 
election and for the information of the electors. 

Sec. 15. The aforesaid notice of election shall be published not less f 
than ten times in one or more daily neAvspapers and not less than three 
times in one or more weekly newspapers (if any there be) published in 
and of general circulation in the county wherein any territory for the 
proposed county is situate and shall be posted in five public places within 
Euch territory. 

Sec. 16. No question other than that of the creation of the county as 
set out in such petition shall be submitted at such election; and the ballot 
to be used thereat shall recite the boundaries of the proposed county as 
set out in such petition, stating the proposal that such territory constitute 
a county of the state, and shall submit the question: “Shall the above 
described territory be created and organized as a county of the state?’* 
and the elector shall indicate his decision by marking a cross in the 
square after the Avord “Yes” or “No,” printed on the ballot; and no ballot 
plainly indicating the will of the elector shall be invalid. 

Sec. 17. The manner of holding and conducting elections held under 
this act; voting thereat; opening and closing the polls; challenging; keep- 
Jng the poll list; certifying the returns; canvassing the vote cast therein; 
and contesting the election; shall conform as near as practicable to the 



Submitted to the Electors of Arizona, November 2, 1920 39 


provisions of law relating to general ^lections, not inconsistent with this 
act. All voting shall be on ballots prepared and furnished by the 1 Board 
Of Supervisors. 

Sec. 18. On the first Monday after the day an election is held under 
this act the Board of Supervisors shall convene and canvass the returns 
thereof, proceeding as directed by law for the canvass of returns of 
general elections where applicable. If a majority of the votes cast direct 
the creation of the proposed county, then such proposal shall be deemed 
carried; the result declared, certification thereof made to the Secretary of 
State and to the Board of Supervisors of any county wherein territory 
-fo the proposed county lies, and the county organized as directed by this 
act. In the event a majority of the votes so cast shall be against the 
creation of the proposed county, the proposal shall be deemed defeated; 
i provided, that when parts of the territory of the proposed county lie in 
more than one county and the majority vote in any one such part shall be 
against the creation of the proposed county theft such proposal shall he 
deemed defeated, and certification thereof shall be made as herein pro¬ 
vided. 

Sec. 19. The newly created county shall be organized by the Board 
of Supervisors of the county from which its territory was taken in the 
manner following, to-wit: 

(a) At the meeting of the Board of Supervisors provided for in 
Section 18 hereof, in the event that the proposal for the creation of the 
county shall be deemed carried and subsequent to the certification there¬ 
of, the Board of Supervisors shall order a supplemental registration of the 
electors of such newly created county. Such registration shall begin on 
the Monday following the meeting of the Board of Supervisors held as 
provided in Section 18 and shall continue for a period of fifteen days. 
The provisions of this act relating to registration shall be applicable. All 
electors registered ufuler the provisions of Section 8 hereof shall be 
deemed registered for the election provided for in this section. 

(b) On the fourth Tuesday^after the last aforesaid registration closes, 
there shall be a primary election at which each and every political party 
entitled and intending to make nominations for the ensuing election at 
which county officers shall be chosen, shall, if such party desires to have 
the names of its candidates printed on the official ballot thereat, nominate 
candidates for the offices to be filled as enumerated in this section. 

In the event of a vacancy occurring among the nominees of a political 
party such vacancy may be filled by the party committee in the manner 
provided by law. $ 

Candidates for county offices herein enumerated may be nominated 
otherwise than at primary elections in the manner provided by law. 

At the meeting of the Board of Supervisors provided for in Section 
18 hereof, a notice calling such primary election shall be prepared, which 
shall contain an enumeration of the offices to be filled and such other 
matters as shall be necessary for the information of the electors concern¬ 
ing the holding of such primary election; such notice shall be published 
in a newspaper or newspapers of general circulation within the newly 
created county during such time as the Board of Supervisors shall deem 
advisable, and shall be posted in not less than five public places within 
such newly created county. 

Nomination petitions and nomination papers required by law to be 
filed shall be filed in the office of the Clerk of the Board of Supervisors 
charged with the organization of the newly created county not less than 
nine days prior to the day on which such primary election is to be held 
and the laws relating to primary elections shall govern the holding of 
primary elections provided for by this act where applicable. 



40 


Pamphlet Containing Measures to Bo 


Such Board of Supervisors shall prepare the ballots to be used at 
such primary election, shall furnish all supplies therefor, designate the 
polling places, appoint the officers and do all acts and things necessary 
for the holding thereof. * 

Nomination papers for candidates at primaries held under this act 
shall be signed by at least one hundred electors qualified to vote at the 
county election. 

On the first Monday succeeding the day of such primary election the 
Board of Supervisors shall convene, canvass the returns thereof, declare 
the result, issue to each,person nominated a certificate of nomination, and 
do and perform such other acts and things as shall be necessary in con¬ 
nection with the holding of such primary election. 

(c) On the third Tuesday after the primary election provided for in 
this section there shall be an election at which the name of the county 
shall be chosen, the county seat designated, and the following officers 
elected, viz: State Senator, State Representative, Superior Judge, three 
Supervisors, who shall be chosen at large at this election and thereafter as 
provided by law, Sheriff, County Attorney, Treasurer, Assessor, Recorder, 
County School Superintendent, and Clerk of the Superior Court. The 
persons receiving the largest number of votes for the respective offices 
voted for shall be elected. 

(d) A name for the newly created county may be suggested by any 
fifty or more qualified electors thereof. Each such suggestion shall be in 
writing, addressed to the Board of Supervisors charged with the duty of 
organizing such county, subscribed by the electors making the suggestion, 
who shall be eligible to subscribe to only one such suggestion; and shall 
be verified by a qualified elector thereof as to the genuineness of the sig¬ 
natures of the subscribers and of the place of residence of each; and shall 
be filed with such Board of Supervisors not less than ten days prior to 
such election. 

Such county names so suggested shall be printed on the official ballot 
to be used at the election provided for in this section in alphabetical order 
next after the title and description of the ballot under the designation, 
“Proposed name of county,” together with the direction, “Vote for one.” 

(e) Such Board of Supervisors shall cause to be printed on su:h 
ballots, next after the proposed county names, and in alphabetical order, 
under the designation, “Proposed location of county seat,” together with 
the direction, “Vote for one,” the names of each incorporated city and 
town in the .newly created county and the one thereof receiving the largest 
number of votes shall he the county seat until changed by law. 

(f) Jjl the event the territory of the newly created county shall have 
been taken from more than one county the Governor shall designate one 
of the Boards of Supervisors from whose county a part of such territory 
was taken to perform the duties herein set out relating to the organiza¬ 
tion of the county, and such Board of Supervisors shall perform such 
duties. 

(g) Gn the first Monday succeeding the day of the election provided 
for in this section the Board of Supervisors shall convene, canvass the 
returns thereof, declare the result in accordance with the directions con¬ 
tained in this act, issue to each person so elected a certificate of election, 
and certify the result to the Board of Supervisors of each county from 
which a part or portion of the territory of the newly created county was 
taken, in the event that any such territory was taken from more than 
one county. 

Sec. 20. The county officers so chosen shall hold their respective 
offices until the next succeeding election at which county officers are 
chosen and until their respective successors are elected and qualified. 




Submitted to the Electors of Arizona, November 2 , 1920 


41 


Sec. 21. The Board of Supervisors of the newly created county shall 
convene as soon as practicable after the members-elect thereof receive 
their certificates of election and upon so convening the county shall be 
deemed legally organized and all jurisdiction of any other county over 
the territory comprising such county shall cease and terminate. All 
officers of the county shall, befo&e entering upon the duties of their re¬ 
spective offices, subscribe to the oath of office prescribed by law. The 
Other county officers so chosen shall enter upon the duties of their several 
offices. 

Sec. 22. The Board of Supervisors of the newly created county shall, 
at the times provided by law, divide the county into supervisorial and 
representative districts, create justice and election districts, and perform 
all other duties required of Boards of Supervisors by law; and the re¬ 
spective county officers so chosen shall do and perform all acts and 
things relating to their several offices as provided by law. 

Sec. 23. All expenses necessarily incurred by any county in con¬ 
nection with the creation and organization of a county shall be legal 
charges against the latter, county and shall be audited and paid in the 
same manner as other county indebtedness. 

Sec. 24. For the purpose of regulating and fixing the compensation 
of all county and precinct officers of counties created and organized 
under this act such counties shall be classified according to the assessed 
valuation of the taxable property within the territory thereof as obtained 
from the last assessment roll of the original county or counties completed 
prior to the division thereof and the salaries provided by law to be paid 
to county and precinct officers of the counties of such class shall be paid 
to such officers of the newly organized county. 

Sec. 25. The real property, together with the improvements thereon 
and the fixtures and equipment therein, owned by the original county shall 
follow the county wherein the same is situate; should the purchase price 
of such property be fully paid then such county shall take the same free 
of and discharged from liability to divide or pro rate the value thereof; 
should any bonded indebtedness exist against such property or the pur¬ 
chase price of the same be not fully paid then the Board of Supervisors 
of the counties affected shall determine the share thereof that each county 
shall pay, giving due consideration to changes in valuation of property in 
the territories of the old and new counties, to the length of time the real 
property was in use prior to the division of the county and the age and 
future usefulness of the improvements, fixtures and equipment. Should 
such Boards of Supervisors be unable to reach an agreement concerning 
such distribution of the bonded indebtedness and unpaid balance cf the 
purchase price or either thereof they shall have full power to submit the 
decision of the matter to disinterested parties and to accept, reject or 
compromise the award so made; the costs of such submission t© be borne 
equally by such counties. 

Sec. 26. All moneys on hand, taxes and revenues due and unpaid and 
all debts and expenses of the original county or counties, the settlement 
of which is not herein provided for, shall be prorated among the counties 
affected in the proportion that the assessed valuation of the newly organ¬ 
ized county shall bear to the assessed valuation of the original county or 
counties, to be ascertained from the last assessment roll of the original 
county or counties made prior to the division of such county or counties. 

Sec. 27. Should the boundary line of any county created under the 
provisions of this act traverse a school district or districts the divisions 
thereof, together with their funds and obligations, shall be cared for in 
the manner provided by law T . 



42 Pamphlet Containing Measures to Be 

- —£— — . • - :—-- ■■ ■ '• ■ •———---— ; ■ ■■ . . - 

Sec. 28. All settlements made, contracts entered into, instruments of 
writing executed, promissory notes or other evidences of indebtedness 
delivered, in accordance with the provisions of this act, on account of 
adjustment and liquidation hereunder, shall be valid and binding between 
the counties or districts parties thereto. 

Sec. 29. In any settlement between counties hereunder the bonds 
issued by Maricopa, Pima, Yavapai and Coconino counties, together with 
the accrued interest thereon, validated, approved and confirmed by act of 
Congress, June sixth, eighteen hundred ninety-six (27 Stat. 262), shall b© 
binding and of full force and effect as provided by said act and any acts 
amendatory thereof. 

Sec. 30. The judgments of courts, public records, recorded instru¬ 
ments of writing, maps, charts, plats and surveys, official bonds, powers, 
notices, and minutes, records in the office of the Recorder, and in th© 
offices of other officers of the original county or counties, made and de¬ 
clared by law to be public records or authorized by law to be recorded 
or filed, relating to the territory included in and property situate within 
the newly created county and to persons, shall be of the same force and 
effect and notice to third parties as if the same were filed or recorded 
and Of record in such county; and each and every transcript thereof, 
when properly verified and recorded or filed in the office of the newly 
created county corresponding to the office of record in the original county, 
shall be and have all the force and effect of the recorded or filed original 
thereof. 

Sec. 31. The officers, agents, and employees of the newly created 
county shall be permitted, at all reasonable times, to inspect and tran¬ 
scribe the files and records of the original county or counties. 

Sec. 32. All civil suits pending in the original county upon the date 
of the organization of the newly created county wherein all the parties 
thereto are residents of such newly created county or the subject matter 
thereof is situate therein, shall be transferred to that court of such newly 
created county having corresponding jurisdiction; and the Clerk of 
Court of the original county shall, forthwith, transmit to the Clerk of th© 
corresponding court oh the newly created county all documents and ob¬ 
jects filed in the cases transferred, together with a true and complete 
certified copy of all entries relating thereto on the records of the court. 
Civil suits pending in the original county wherein one party thereto is £ 
resident of such newly created county and the other party or parties ar© 
residents "of the original county, may, upon -written stipulation of all 
the parties thereto filed with the clerks of the respective courts, b© 
transferred to the corresponding court of such newily created county, 
and the documents, objects and certified entries thereof shall be trans¬ 
mitted as hereinbefore provided. Upon the receipt by the Clerk of the 
corresponding court in the .newly created county of the documents, objects 
and certified entries of any civil suit transferred under authority of this 
act such court shall thereby acquire and have jurisdiction of the same. 

Sec. 33. In all civil suits transferred under the authority of this act 
the Clerk of Court in the original county shall receive the sum of on© 
dollar for transmitting the documents, objects and certified copy as herein 
directed and the further sum of fifteen cents per folio for preparing said 
certified copy of the record, all such sums to be taxed as costs in such 
civil suit; provided, that it shall not be the duty of such Clerk to prepare 
said certified copy and transmit the same together with the documents 
and objects as herein directed until the fees herein provided to be paid 
have been so paid or tendered. 

Sec. 34. All criminal actions and proceedings pending in the superior 
or court of corresponding jurisdiction of the original county or counties 



Submitted to the Electors of Arizona, November 2, 1920 43 


shall be transferred to the superior, or court of coresponding jurisdiction 
of the newljr created county under the following conditions: The court of 
the original county having jurisdiction of a criminal action or proceeding 
of its own motion may, and shall upon motion of a defendant therein 
that the offense charged is alleged to have been committed within the 
territory now comprising the newly created county, inquire into the 
matter of the location of the place where the offense is alleged to have 
been committed. Should such place be found to be situate within the 
territorial limits of the newly created county then such court shall make 
an order transferring such action or proceeding to the court of such 
newly Ceated county having jurisdiction of the offense alleged to have 
been committed, and such last named court shall have jurisdiction thereof. 

All documents and objects pertaining to the action or proceedings so 
transferred, and a certified copy of all entries relating thereto, shall be 
forthwith transmitted by the Clerk of the Court of the original county to 
the Clerk of the Court to which the action or proceeding is transferred, 
for which the Clerk of the Court of the original county shall receive a fee 
of one dollar for transmitting the same and in addition thereto a fee of 
fifteen cents per folio for such certified copy; all such fees to be a charge 
against such nev/ly created county. 

The Sheriff of the original county shall deliver the defendant or de¬ 
fendants in such action or proceeding, when held in custody, to the Sheriff 
of such newly created county. 

All undertakings, or bail bonds for the appearances of the defendant 
or defendants in any such action or proceeding so transferred shall follow 
the jurisdiction of the defendant or defendants. 

Sec. 35. All liens upon real or personal property situate and being 
within the territory of the newly created county properly claimed, fixed 
and secured as provided by law in the original county shall be continued, 
preserved and enforced in the newly created county. 

Sec. 36. Bach county created and organized under the provisions of 
this act shall be entitled to one member of the State Senate and to such, 
additional members thereof as shall be provided for by law; and shall be 
entitled to one Representative and to such additional Representatives as 
are provided for by law, and the first apportionment for additional Rep¬ 
resentatives shall be based on the number of votes cast in the territory 
of the newly created county for the office of Governor at the last pre¬ 
ceding general election, in the event that such an apportionment shall he 
necessary prior to a general election held subsequent to the organization 
of the newly created county. 

Sec. 37. Justice precincts lying wholly within the newly created 
county shdil remain until changed, altered or abolished as provided by 
law; those parts or parcels of such precincts that lie in the newly created 
county may remain as justice precincts or be added to another such pre¬ 
cinct or he consolidated, as the Board of Supervisors of the newljr created 
county may determine; provided, that no action of the Board of Super¬ 
visors taken under this act shall work the removal from office of any; 
officer of any such precinet residing within the newly created county. 

Sec. 38. Notaries Public in and for the original county residing with¬ 
in the newly created county shall be Notaries Public in and for such last 
named county during the remainder of the term for which they were 
appointed; shall not act as Notaries Public in and for the original county 
after the organization of the newly created county; and, as soon there¬ 
after as is practicable, procure notarial seals bearing the name of such 
newly created county; until such seals are procured such Notaries Public 
shall use the seal of the original county accompanied by a notation of 
the performance of the act certified to in the newly created county, 
naming it. 



44 


Pamphlet Containing Measures to Be 


Sec. 39. The Assessor of the newly created county shall prepare an 
assessment roll of all property, real and personal, situate and located in 
such county; in the event the assessment of the original county for the 
year has been completed such assessment roll for the newly created 
county shall be made by transferring all such property from the books of 
the original county and entering the same in suitable books of the newly 
created county; in the event such assessment in the original county is 
partially completed then such part thereof shall be so transferred and 
entered and the Assessor of the new created county shall proceed to list 
and assess the unassessed remainder of the property; and the assessment 
roll thus obtained shall be the first assessment roll of such county. 

Sec. 40. Should any day upon which an act is directed to be done or 
an election to be held under this act fall upon a holiday, then such act 
shall be done or such election shall be held upon the next succeeding day 
not a holiday; provided, that nothing herein shall be construed as direct¬ 
ing that a holiday shall interrupt the running of any period of time re¬ 
quired in this act. 

Sec. 41. The violation of any provision of this act, except as herein 
otherwise provided, is declared to be a misdemeanor and upon conviction 
therefor shall be punished as is provided by law for the punishment of a 
misdemeanor. 

' Sec. 42. Any person who shall sign any petition provided for by this 
act with any name other than his own or who shall knowingly sign his 
name to any sheet thereof more than once or who shall sign his name 
to any such petition when he is not an elector within the territory de¬ 
scribed therein, shall be guilty of a felony and shall be punished therefor 
as provided by law. 

Sec. 43. Should any section, sentence, or clause of this act be held 
to be unconstitutional such decision shall not affect the validity of any 
other section, sentence or clause hereof. 

Sec. 44. All acts and parts of acts in conflict with this act are hereby 
repealed ; provided, that the object and purpose of this act are to provide 
a means for the creation and organization of counties of the state and 
the provisions hereof shall prevail over and supersede any act or parts 
of acts in conflict herewith, but shall not repeal or modify any provision 
of law not in conflict herewith. 

Filed June 30, 1920. 


ARGUMENT 

(Afflrmatve) 

Submitted by 
WM. E. BROOKS 

In favor of the measure designated on the official ballot as follows: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT 

PROVIDING FOR THE CREATION AND ORGANIZATION OF 
COUNTIES OF THE STATE; FOR ELECTIONS IN CONNECTION 
THEREWITH AND OF OFFICERS THEREFOR; FOR THE PERFORM¬ 
ANCE OF CERTAIN OFFICIAL DUTIES IN AID THEREOF; AND CER¬ 
TAIN ACTS AND THINGS FOR THE ACCOMPLISHMENT THEREOF; 
FOR THE PUNISHMENT OF VIOLATIONS OF THIS ACT; AND FOR 










Submitted to the Electors of Arizona, November 2, 1920 45 


THE REPEAL OF ALL ACTS AND PARTS OF ACTS IN CONFLICT 
HEREWITH. 

If you favor the above law, vote YES; if opposed, vote NO. 


308 Yes. 


309 No. 


_ ARGUMENT 

This measure provides a just and equitable procedure for the creation 
and organization of counties directly by the people. 

During the old territorial days counties were separately created by 
act of the Legislature. Since the advent of statehood this method has 
become impracticable. 

The First State Legislature recognized its inability to deal with the 
local problems of county creation and enacted a general law for this 
purpose. This law was so amended by the Second Legislature as to 
make it impossible to create counties under its provisions.. And it is for 
this reason that this measure is presented to the people for adoption at 
this time. 

The present law is defective in several particulars, which cannot be 
noticed here for want of space. We will, however, call your attention to 
that particular defect which is the most glaring, inequitable, and unjust 

of all. , 

We refer to the system of percentages named in the law by which 
the votes are tallied, and which it is necessary to comply with in order 
to create a county. 

The rule of the majority, recognized by us both for amendments to 
the Constitution and for the choice of public officers, finds no place in the 
present law. 

ft is one tangle of percentages. In one place J5% of the electors 
residing within the proposed county and 20% of the electors of the county, 
residing outside the proposed county,' may direct the creation of the pro¬ 
posed county, while in another place the lav/ says that no new county 
shall be created, unless 60% or more of the electors of the proposed county 
vote in its favor. 

Such uncertainty and ambiguity of law makes it impossible for the 
people to act, or to even know the intention of the lawmakers. 

The creation of counties are necessary for growing and progressive 
communities. Counties are not sacred institutions to be preserved invio¬ 
late after their days of usefulness have passed. They are organized for 
a purpose—a beneficial purpose—that of giving to the people efficient and 
economical government over areas larger than cities and towns.- When 
any county ceases to perform this function it becomes useless and a 
menace to popular government. 

It i 3 as foolish to say that no additional counties shall be organized 
within the State of Arizona to care for the growing needs of her people 
as it would be to say that no more cities and towns shall come into 
existence. 

When the Territory of Arizona was created there were four counties 
within its boundaries. Today there are fourteen. These ten additional 
counties represent the progress, growth and development of the state. 
They are living evidence that the four original counties were incapable 
of providing the necessary requirements of efficient and economical county 
government. Does, anyone say today that these additional counties are 
useless; that they are expensive burdens vuthout corresponding benefits? 







46 A . Pamphlet Containing Measures to Be 


Can you find anyone in Arizona who advocates a return to the four 
original counties; No one will deny that county government today if 
conducted by the four counties as originally organized would be uselessly 
expensive' and hopelessly inefficient. 

This measure has been carefully drawn to provide a complete and 
adequate means for the creation of counties by the people; they being 
the ones most directly interested; the ones who pay the taxes and who 
must bear the burdens of administration. 

When it is desired to create a county three very important matters 
must be considered and cared for: 

1. The people of the state must be protected against the creation of 
a multiplicity of unnecessary counties. 

2. The new county must pay its just proportion of any indebtedness 
that may have been incurred by the old county and from which the people 
and territory of the new county received benefits. 

3. The people residing within the territory of the proposed county 
must be protected against any minority of people within their borders who 
may desire a new county for reasons otherwise than for the public good. 

A careful reading of this measure will show that, safeguards have 
been provided to prevent the abuses named. 

Under the prvoisions of this measure, county creation is initiated by 
a petition describing the territory to be taken for the proposed county, 
signed by thirty-three per cent of the qualified electors thereof, and pre¬ 
sented to the Board of Supervisors of the county wiierein such terri¬ 
tory lies. 

This percentage of thirty-three per cent is intentionally made high in 
order that a very complete expression of the electors may be obtained, 
and the abuse of calling frequent elections prevented. This percentage 
is an excellent safeguard—the percentage necessary to secure action on a 
constitutional amendment being only fifteen per cent. 

Upon filing the petition with the Board of Supervisors, an election is 
called at which the electors residing within the territory proposed to be 
created as a county vote on the question of whether or not such territory 
shall be created as a county. No other question can be submitted at 
such an election. 

This measure permits only those electors residing within the terri¬ 
tory proposed to be created as a county to vote on the question. The 
present law not only permits all electors of the county to vote on the 
question, but gives a minority of the electors residing within the county, 
but outside the territory of the proposed county, the power to defeat any 
county creation, notwithstanding that such new county may be voted by 
the electors residing within its territory, and may be absolutely neces¬ 
sary for their development and well being. 

Such a high handed proceeding not only destroys the American prin¬ 
ciple of self-determination, but abolishes local self-government—one of the 
important foundation stones of American progress and prosperity. 

The Constitution of Arizona recognizes and protects local self-govern¬ 
ment as one of the vital principles upon wdiich the success of popular 
government rests. 

This principle of local self-government is confirmed by statute to our 
municipalities. These departments of government may be abolished, 
changed or consolidated by vote of their qualified electors without the 
permission or consent of any other community. 

Cities may adopt charters without asking the consent of electors 
residing outside their boundaries. They may also include additional ter¬ 
ritory when it is to their advantage. Towms may assume a city form of 
government without the consent of outsiders. Electors of portions of 






47 


Submitted to the Electors of Arizona, November 2, 1920 


school and high school districts may withdraw from such district and 
organize separate districts without the consent of electors residing in 
other portions of the district. This measure does not introduce a new 
procedure for the organization of counties—but it does extend the prin¬ 
ciple of self-government guaranteed by our Constitution to county affairs. 

This measure does not permit the creation of any county unless it 
lias an assessed valuation of at least $20,000,000 and there must be left 
in the original county an assessed valuation of at least $20,000,000. 

Adequate provision is also made for the equitable distribution of the 
indebtedness of the original county, should such exist. And also for the 
‘ assets and improvements, of the county. 

The creation of counties for the solution of local problems and to 
better care for the needs of. our newer communities is a real live, issue 
in Arizona; an issue that cannot be smothered by denying legal procedure, 
for the creation and organization of counties directly by the people. This 
issue is so vital that a measure such as is now submitted has become a 
necessity, and it is confidently submitted to the electors at this time 
;with the conviction that it will remedy, the defect of the existing law. 

This measure does not add any burden or expense to the public. It 
does not call for the expenditure of a dollar from the public treasury* 
except upon action by the people. Its sole object is to enable the people 
to act in the matter of local self-government concerning county affairs 
when they shall decide that it is for their interests to so act. 

Let our visions, hopes and aspirations for Arizona be for the future. 
Our duty is to provide laws that will guarantee for her a healthy, unpb- 
t, v> structed* pathway for progress. 

Arizona has 113,000 square miles of opportunity, with less than 350,000 
inhabitants. Arizona today presents the grandest possibility for develop¬ 
ment on the American continent. As population and wealth increase new 
communities will arise and more counties will be needed to insure efficient 
government to care for this expansion. All desire to see a bigger and 
better Arizona. Adequate laws provide for the organization and expan¬ 
sion of cities and towns, but the provision for the equally important 
organization of counties is defective and inoperative. This measure reme¬ 
dies this defect and is placed before the people for adoption with full 
confidence that they will no longer permit growth and development in 
their state to be stifled for want of suitable legislation. 

(Signed) WM. E. BROOKS, 

Box 1057, Miami. 

* AN ACT 

TO CREATE A STATE HIGHWAY DEPARTMENT CONSISTING 
OF A STATE HIGHWAY COMMISSION, A STATE HIGHWAY ENGI¬ 
NEER AND SUCH ASSISTANTS AND EMPLOYEES AS ARE NECES¬ 
SARY TO CARRY OUT THE PROVISIONS OF THIS ACT; TO PROVIDE 
FOR THE APPOINTMENT OF MEMBERS OF THE STATE HIGHWAY 
COMMISSION AND TO DEFINE AND PRESCRIBE ITS DUTIES AND 
POWERS; TO PROVIDE FOR THE APPOINTMENT OF THE STATE 
HIGHWAY ENGINEER AND TO DEFINE AND PRSCRIBE HIS POWERS 
AND DUTIES; TO PROVIDE FOR CLASSIFICATION OF HIGHWAYS 
AND TO ESTABLISH A SYSTEM OF PROPOSED STATE HIGHWAYS 
TO BE KNOWN AS STATE ROUTES AND TO PROVIDE FOR THE 
ESTABLISHMENT, CONSTRUCTION, MAINTENANCE, ALTERATION 
OR ABANDONMENT THEREOF; TO PROVIDE FOR CONDEMNATION 
OF LANDS WHEN NECESSARY TO CARRY OUT THE PROVISIONS 
OF THIS ACT; TO CREATE A STATE HIGHWAY FUND, TO PRE¬ 
SCRIBE ITS SOURCES OF INCOME AND TO REGULATE ITS EX- 





48 Pamphlet Containing Measures to Be 


PENDITURES; REPEALING CHAPTER 7, TITLE 50, REVISED STAT¬ 
UTES OF ARIZONA, 1913, CIVIL CODE, AND ACTS AMENDATORY 
THEREOF, TO REPEAL ALL ACTS AND PARTS OF ACTS IN CON¬ 
FLICT WITH THE PROVISIONS OF THIS ACT. 

AN INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona for their 
approval or rejection at the 
REGULAR GENERAL ELECTION 
to be held 

ON THE SECOND DAY OF NOVEMBER, 1920. 

By Initiative Petition of the people filed in the office of the Secretary of 
State July 1, 1920, in accordance with the provisions of 
Paragraph 3328, Chapter I, Title XXII, Revised 
Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 

MIT SIMMS, Secretary of State. 


The following is the form and number in which the question will be 
printed on the official ballot: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT * 

TO CREATE A STATE HIGHWAY DEPARTMENT CONSISTING 
OF A- STATE HIGHWAY COMMISSION, A STATE HIGHWAY ENGI¬ 
NEER AND SUCH ASSISTANTS AND EMPLOYEES AS ARE NECES¬ 
SARY TO CARRY OUT THE PROVISIONS OF THIS ACT; TO PROVIDE 
FOR THE APPOINTMENT OF MEMBERS OF THE STATE HIGHWAY 
COMMISSION AND TO DEFINE AND PRESCRIBE ITS DUTIES AND- 
POWERS; TO PROVIDE FOR THE APPOINTMENT OF THE STATE 
HIGHWAY ENGINEER AND TO DEFINE 'AND PRESCRIBE HIS 
POWERS AND DUTIES; TO PROVIDE FOR CLASSIFICATION OF 
HIGHWAYS TO BE KNOWN AS STATE ROUTES AND TO PROVIDE 
FOR THE ESTABLISHMENT, CONSTRUCTION, MAINTENANCE, AL¬ 
TERATION OR ABANDONMENT THEREOF; TO PROVIDE FOR CON¬ 
DEMNATION OF LANDS WHEN NECESSARY TO CARRY OUT THE 
PROVISIONS OF THIS ACT; TO CREATE A STATE HIGHWAY FUND, 
TO PRESCRIBE ITS SOURCE. OF INCOME AND TO REGULATE ITS 
EXPENDITURES; REPEALING CHAPTER 7, TITLE 50, REVISED 
STATUTES OF ARIZONA, 1913, CIVI LCODE, AND ACTS AMENDA¬ 
TORY THEREOF, TO REPEAL ALL ACTS AND PARTS OF ACTS IN 
CONFLICT WITH THE PROVISIONS OF THIS ACT. 


If you favor the above law, vote YES; if opposed, vote NO. 


310 

Yes. 


311 

No. 



(On Official Ballot Nos. 310 and 311.) 

AN ACT 

TO CREATE A STATE HIGHWAY DEPART?vIENT CONSISTING 
OF A STATE HIGHWAY COMMISSION, A STATE HIGHWAY ENGI¬ 
NEER AND SUCH ASSISTANTS AND EMPLOYEES AS ARE NECES- 














Submitted, to the Electors of Arizona, November 2, 1920 


49 


SARY TO CARRY OUT THE PROVISIONS OF THIS ACT; TO PROVIDE 
FOR THE APPOINTMENT OF MEMBERS OF THE STATE HIGHWAY 
' COMMISSION AND TO DEFINE AND PRESCRIBE ITS DUTIES AND 
POWERS; TO PROVIDE FOR THE APPOINTMENT OF THE STATE 
HIGHWAY ENGINEER AND TO DEFINE AND PRSCRIBE HIS POWERS 
AND DUTIES; TO PROVIDE FOR CLASSIFICATION OF HIGHWAYS 
AND TO ESTABLISH A SYSTEM OF PROPOSED STATE HIGHWAYS 
TO BE KNOWN AS STATE ROUTES AND TO PROVIDE FOR THE 
ESTABLISHMENT, CONSTRUCTION, MAINTENANCE, ALTERATION 
OR ABANDONMENT THEREOF; TO PROVIDE FOR CONDEMNATION 
OF LANDS WHEN NECESSARY TO CARRY OUT THE PROVISIONS 
OF THIS ACT; TO CREATE A STATE HIGHWAY FUND, TO PRE¬ 
SCRIBE ITS SOURCE OF INCOME AND TO REGULATE ITS EXPENDI- 
. TURES; REPEALING CHAPTER 7, TITLE 50, REVISED STATUTES 
OF ARIZONA, 1913, CIVIL CODE, AND ACTS AMENDATORY THERE¬ 
OF, TO REPEAL ALL ACTS AND PARTS OF ACTS IN CONFLICT 
WITH THE PROVISIONS OF THIS ACT. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

CHAPTER L 

TITLE, DEFINITION AND CLASSIFICATION OF HIGHWAYS. 

1. TITLE. 

Section 1. This act, whenever cited, enumerated, referred to or 
amended, shall be designated simply as “The Highway Act,” adding 
whenever necessary the chapter and section. 

2. DEFINITION. 

Sec. 2. All highways which have heretofore been constructed by the 
Territory or State of Arizona, or which shall be hereafter constructed by 
the State of Arizona and all highways in public use which have been 
located or recorded as public highways by the Boards of Supervisors of 
thes several counties of the State of Arizona are hereby declared to be 
public highways within the meaning of this act; provided, that no portion 
of a public highway within the limits of any incorporated city or towm 
having a population of more than twenty-live hundred shall come under 
the provisions of this act, except as specifically provided herein. 

Sec. 3. The term “Highway” as used in this act includes bridges on 
the roadway, as wall as culverts, sluices, drains, ditches, waterways, em¬ 
bankments, retaining walls, trees, shrubs and fences along or upon the 
same and within the right of way. 

Sec. 4. A “State Route’twvithin the meaning oMhis act, is a right of 
way or location, whether actually used as a highway or not, designated 
for the construction of a state highway upon it. 

Sec. 5. For convenience, the following short designations are used 
in this act in referring to,certain official bodies and officers: “The De¬ 
partment” for the State Highway Department created by this act; “The 
Commission” for the State Highway Commission created by this act; “The 
Board of Supervisors” for the Board of Supervisors of a county as con¬ 
stituted under existing legislation; and “The Engineer” or the “Highway 
Engineer” for the State Highway Engineer referred to in Chapter II. 

‘ 3. CLASSIFICATION OF HIGHWAYS. 

Sec. 6. Public Highways are divided for the purpose of this act, into 
tw'O classes: State Highways and County Highways. State*Highways are ; 
those portions of State Routes which shall be accepted as such by the 
Commission, and are to be maintained by the state in accordance with 





50 


Pamphlet Containing Measures to Be 


the provisions of Chapter III of this act. County Highways are those 
portions of the public highways constructed and to be maintained by the 
counties in accordance with the provisions of laws now in force or here¬ 
after enacted. 

CHAPTER JI. 

STATE HIGHWAY DEPARTMENT. 

Sec. 7. There is hereby created a State Highway Department con¬ 
sisting of a State Highway Commissiofi of five (5) members; a State High¬ 
way Engineer and such assistants, clerks, and other employees as may 
employed to carry out the provisions of this act. 

Sec. 8. Within ninety (90) days after the adoption of this act, the 
Governor shall appoint dne member from each of the following groups 
of counties: 

(a) Coconino, Navajo and Apache; 

(b) Yavapai and Mohave; * , 

■(c) Gila, Graham, Greenlee and Pinal; * 

(d) Cochise, Santa Cruz and Pima; 

(e) Maricopa and Yumat 

who shall constitute said commission, each of whom shall have been 
resident of the state for five (5) years next preceding the date of the- 
appointments. The members of the commission as appointed at this time 
shall be appointed to serve for one (1), two (2), three (3), four (4) and 
five (5) years respectively, as determined among themselves by lot. 
Upon the resignation or death of any member of the commission, a mem¬ 
ber shall be appointed by the Governor from the same geographical dis¬ 
trict to fill out the unexpired portion of the term of such member. At 
least thirty days prior to the expiration of the term for which each 
member is appointed, and thereafter as successive terms expire, the Gov¬ 
ernor shall appoint one person from the same geographical district as the 
successor of the member of the commission whose term shall so expire., 
to serve as a member of the commission for the term of five (5) years or 
until his successor is appointed and qualified. Each member shall actually 
reside in the district, he represents and his removal from the same shall 
be considered as constituting his resignation as a member of said com¬ 
mission. Not more than three (3) members of said commission shall be 
of the same political faith as declared at their last registration. Each 
member of the commission shall give bond foi\the faitfiful performance of 
his duties in such sum as the Governor shall determine, which bond shall 
be approved by the Governor. 

Sec. 9. Members of the commission before entering upon the duties 
of their office, shall take the oath prescribed by the Constitution of this 
state for state officers, and the oath shall be filed in the office of the Secre¬ 
tary of State. Members of the commission shall be removed by the 
Governor for cause only, and then after a fair and impartial hearing. 
Upon the inauguration of a Governor he shall net ask, nor shall it be 
expected, that any member of the commission shall resign because of any 
change in the administration. If a vacancy occurs in the membership of 
the commission for any cause, the person appointed to fill such vacancy 
shall be appointed only for the unexpired portion of the term of the 
member whose place he fills. Members of the commission shall receive 
their actual graveling and other necessary expenses incurred in the per¬ 
formance of their official duties, and a per diem of twenty ($20.00) dollars 
a clay for each day when attending to their official duties, for not exceed¬ 
ing one hundred (100) days in each fiscal year. 






Submitted to the Electors of Arizona, November 2, 1920 


51 


Sec. 10. The Board of Directors of State Institutions shall provide 
for the State Highway Department suitable offices in the capitol or 
other buildings in Phoenix. 

Sec. 11. Within fifteen (15) days after the members of the commis¬ 
sion shall have been appointed they shall meet at the capitol building in 
Phoenix and organize by selecting one of their members as chairman and 
one as vice-chairman, and appointing a secretary. The commission shall 
appoint a State Highway Engineer. Four members of the commission 
shall constitute a quorum at all meetings of the commission. An affirma¬ 
tive vote of four of the members shall be necessary for any action taken 
by the commission. 

CHAPTER III. 

POWERS AND DUTIES OF STATE HIGHWAY COMMISSION. 

Sec. 12. The commission shall in general exercise those powers and 
duties which relate to determining and carrying out the general policy 
of the State Highway Department and controlling its financial affairs. It 
shall exercise such control over the location, establishment, changing, 
construction and maintenance of highways as is authorized by this act. 
The commission shall have the following powers and duties: 

(a) To lay out and establish within the first year after their organ- 
zation a complete system of state routes and issue a map showing such 
proposed road system. 

(b) To make all contracts for the construction and maintenance of 
highways. The commission may, however, delegate to the Highway Engi¬ 
neer the power to make and execute contracts in specific cases. 

(c) To hold regular meetings at the office of the State Highway De¬ 
partment, at such times as it may determine, such regular meeting dates 
to be duly announced by the commission. 

(d) To hold such special meetings for the transaction of any busi¬ 
ness not by law required to be transacted at a regular meeting, at such 
times and at such places as the commission may determine. The State 
Highway Engineer shall attend the meetings of the commission. 

(e) To formulate and adopt rules and regulations for the expenditure 
by or under the direction of the State Highway Engineer, of public funds 
for the construction, improvement, maintenance of highways and other 
purooses authorized by law, and for letting of contracts for any work 
which the commission or the department is authorized by law to do. 

(f) To determine what portion or portions of any state route shall be 
accepted as a state highway. 

(g) To determine what portion or portions of any state route shall be 
improved at the expense of the state. 

(h) To make agreements on behalf of the State of Arizona with the 
United States Government, or any department of the same, in any manner 
affecting the public highways of the state. 

(i) To make agreements on behalf of the state with any county, 
city or town, or road district of the state for the improvement or mainte¬ 
nance of any part of a state route, or at the joint expense of the state 
and county, city or town or road district. 

(j) To formulate rules and regulations governing the use by the 
public of state routes and highways such as may be necessary to provide 
for the public safety and against undue use of the state highways. 

(k) To send its members or other representatives to attend meetings 
within or without the State of Arizona, sa the commission deems will be 
of benefit to the work of the State Highway Department. 

(l) To prescribe standard guide board and road signs or other de¬ 
vices for the guidance of traffic, to be erected upon all state routes and 



62 


Pamphlet Containing Measures to Be 


state highways, and regulate the use of all other guide boards and road 
signs on any state route or state highway in the state. 

(m) To adopt regulations in regard to traffic on state highways not 
contrary to or in conflict with existing laws, and to close those under con¬ 
struction and to prescribe penalties for violations of such regulations and 
orders. When it is necessary to close the highways that are under con¬ 
struction, proper barriers and notices shall be posted at each end of such 
closed highway at the point where the detour road takes off from such 
closed highway, and such detour road shall be clearly indicated by signs, 
and the same shall be adequately maintained. 

(n) To take over the highway work now in progress under the 
present law. 

(o) To prescribe the Qualifications of all employees of the State 
Highway Department,-and to inquire into their official conduct. 

(p) To prepare and submit annually to the Governor, on or before 
the first day of April, a budget for the State Highway Department for the 
following fiscal year. 

(q) To' require from the Highway Engineer complete information 
concerning the work of the department under his charge. 

(r) To authorize and require the Highway Engineer to make such 
special investigations and, compile such special data as the commission 
may deem to be of value for the work of the department. 

(s) To establish, open, relocate, alter, widen or change any portion 

of a state route or state highway.. y 

(t) To exercise such other powers and duties as may be necessary 
to give full force and effect to the foregoing provisions. 

CHAPTER IV. 

STATE HIGHWAY ENGINEER. 

See. 13. The State Highway Engineer shall hold his office during 
such term as. he may be appointed therefor by the commission, but may 
be removed by the commission for cause. In making the appointment, 
particular consideration shall be given to executive ability and experience 
in highway work. The person appointed must be particularly skilled 
and qualified by at least three (3) years practical experience in the con¬ 
struction and maintenance of public highways. 

Sec. 14. The Engineer shall within thirty (SO) days after his appoint¬ 
ment, appoint With the approval of the commission, an engineer to act as 
his deputy, in case of his absence from the state or inability from any 
cause to act. When both the Engineer and his deputy* are absent from 
the state, or unable, from any cause, to act, the chairman of the commis¬ 
sion, or if he is absent from the state or unable, from any cause, to act, 
the vice-chairman shall act in the place of the Engineer until the Engineer 
or his deputy returns to the state, or is able to perform the duties of the 
office. The Highway Engineer with the approval of the commission shall 
also appoint such assistant engineers as are necessary to properly assist 
in conducting the affairs of the State Highway Department. The High¬ 
way Engineer and his deputy shall take the same oath of office as pre¬ 
scribed for members of the commission. The State Highway Engineer, 
his deput:*, and each-assistant engineer shall each execute bonds, in the 
sum of not less than twenty-five thousand ($25,000.00) dollars, conditioned 
upon faithful performance of his duties to be approved by the commis¬ 
sion and filed with the Secretary of the State. The expense of such bonds 
shall be paid from the State Highway Fund. * 

Sec. 15. The salary of the State Highway Engineer shall be fixed by 
the Highway Commission and his actual traveling and other necessary 
expenses, incurred in the performance of his official duties, shall be paid 
by the State Treasurer from the State Highway Fund hereinafter referred 




Submitted to the Electors of Arizona, November 2, 1920 


53 


to. The salary of the deputy engineer and the salary of each of the 
assistant engineers shall be fixed by the Highway Engineer with the 
approval of the commission and they shall receive their actual traveling 
and other necessary expenses incurred in the performance of their official 
duties. 

CHAPTER V. 

POWERS AND DUTIES OF THE STATE HIGHWAY ENGINEER. 

Sec. 16. The office of the State Engineer is hereby abolished. Tho 
State Highway Engineer shall have all the powers and perform all of the 
duties of the State Engineer as now prescribed by law, and the State 
Highway Commission created by this act shall be deemed to have assumed 
all lawful financial obligations heretofore created by the State Engineer 
under existing legislation. The State Highway Engineer shall be the 
chief executive officer of the State Highway Department and have control 
of all work done by the state on state highways and state routes, under 
the general direction of the commission. He shall have the following 
pow r ers and duties: 

(a) Act as chief executive and administrative officer of the State 
Highway Department. 

(b) Have charge of all employees of the department and issue rules 
and regulations for the guidance of all employees of the department. 

(c) Appoint all persons who may be duly qualified except those 
already specified, to positions in the department and fix their compensa¬ 
tion. He shall outline an organization for the department fixing the 
duties of persons who may fill such positions, but the qualifications for 
the various positions shall be such as are prescribed by the commission. 

(d) He may suspend or discharge for cause, any subordinate officers 
or employees in the department. 

(e) He shall prepare all plans and specifications for work on state 
highways or state routes, approved by the commission and shall adver¬ 
tise for competitive bids for the doing of said work and shall let all con¬ 
tracts approved by the commission for the same. 

(f) Advertisements for all bids shall specifically state the character 
of the work to be done and the kind and quantity of supplies and materials 
to be furnished. The State Highway Engineer shall with the consent of 
the State Highway Comission let such contracts to the lowest responsible 
bidder therefor and may reject any and all bids and re-advertise for such 
bids, or may provide for the work to be done and supplies and materials 
therefor purchased under his direction and supervision. 

(g) Have supervision of all work on state highways and state routes 
authorized by the commission, except that nothing in this act contained 
shall in any manner interfere with the supervision of the road -work, of 
convicts employed in highway construction, maintenance and improvement 
as is now provided by law. 

(h) Have charge of the maintenance and upkeep of ail state high¬ 
ways or state routes. 

(i) Approve all payments for work done by the state on or in con¬ 
nection with state highways or state routes, and no payment shall be made 
by the State Treasurer for such work without the written approval of 
the Engineer, or his deputy. 

(j) Make monthly reports to the commission of all expenditures by 
the department, together with a statement of work accomplished under 
his direction, and include such other matters as he may determine to be 
of interest and value to the people of the state. 

(k) All contracts for the furnishing of material and supplies involv¬ 
ing an expenditure, in excess of twenty-five hundred ($2500.00) dollars 
shall be let only after advertisement for such time and in such manner as 



84 


Pamphlet Containing Measures to Be 


the commission shall determine shall have been made for competitive bids 
for the furnishing of the same. The provisions of this subdivision shall 
be mandatory and any contract for the purchase of such material and 
supplies involving an expenditure in excess of twenty-five hundred 
($2500.00) dollars, without advertising for bids as above provided, shall 
be void. 

(l) Attend such meetings and conventions within or without the 
State of Arizona, inspect such roads, serve on such contaiittees and attend 
such conferences as the commission shall consider for the benefit of the 
work of the department. 

(m) Give county boards and other officials charged with public high¬ 
way work such information and advice as he may have at hand and aa 
may be requested by them. 

(n) Exercise such other powers as may be necessary to carry on the 
work of the State Highway Department as by law provided or implied. 

CHAPTER VI. 

LEGAL COUNSEL. 

Sec. 17. The Attorney General of the state shall be ex-officio attorney 
and legal advisor for the State Highway Department and shall give it 
such legal counsel, advice and service as it may from time to time require, 
and shall bring and*prosecute in the name of the State Highway Depart¬ 
ment such suits and proceedings as may be required for carrying out the 
provisions of this act. # 

CHAPTER VII. 

CLASSIFICATION OF HIGHWAYS. 

State Routes, 

Sec. 18. A system of proposed state highways, to be known as State 
Routes is hereby established, and the said system shall consist in the first 
instance of the highways heretofore constituting or declared to be State 
Highways under authority of previous legislation, but the Highway Com¬ 
mission hereby created shall have the full power to abandon or change 
any part of the same or add thereto. * 

, Sec. 19. A system of state highways is also hereby established which 
are to be improved and maintained as hereinafter provided, and which are 
to consist of such parts of the state routes as are designated and accepted 
as state highways by the commission, as hereinbefore provided. No high¬ 
way or part of the same that has not been designated under the provisions 
of this act as a state route shall become a state highway, nor shall any 
portion of a state route become a state highway until by proper resolution 
it shall have been specifically designated and accepted by the commission 
as a state highway and ordered constructed or improved by the commis¬ 
sion ; provided, that not less than two weeks prior to the designation and 
acceptance by the commission of any state highway or section thereof, 
the commission shall give notice to the Board of Supervisors of the county 
in which said proposed state highway or section thereof lies, of the pur¬ 
pose of the commission to consider said designation and acceptance, and 
the said Board of Supervisors shall have the right by itself or through 
duly appointed representatives, to appear before the commission and be 
heard in the matter of such proposal. Until designated and approved as 
by this section provided, all state routes shall be part of the county high¬ 
ways and be constructed, improved and maintained as such, except a3 
otherwise provided in this act. 

Sec. 20. As soon as the commission has designated any portion of a 
state route to become a state highway, the State Highway Engineer shall 
proceed to^maintain or improve the same as authorized by the commission. 
In designating portions of state routes as state highways, the commission 



Submitted to the Electors of Arizona, November 2 , 1920 


55 


fv ; 


Sol 1 governed by. the program of work provided in the budget for that 
JV 4 . 110 part state route shall be taken over or designated as 

% hi S h way until funds are available and the commission has ordered 
highway 6 Hlgllway Engineer to improve or construct the same as a state 

4 . A u?u art "°? the system of state routes designated and ao 
of ® ta ^. h ^hways by. the commission shall thereafter be maintained 
provided ^ Hlgllwa “ De P ar tment from the funds available as hereinafter 

See. 22. If a County Board desires to have the commission accept as 
a state highway any section of road on a state route, in the county, the 
bounty Board may by resolution so request the commission and the Engi¬ 
neer shall then examine the section of road referred to and report to the 
commission as to whether it is proper to accept it as a state highway. 

■ Sec. 23. The construction and maintenance of all state highways 
piall be under the immediate control of the State Highway Engineer sub¬ 
ject to, the rules and regulations prescribed by the commission 


Jk CHAPTER VIII. 

f - ESTABLISHING AND ALTERATION OF HIGHWAYS. 

Sec. 24. The State Highway Engineer shall, when he deems it desir¬ 
able to establish, open, relocate, widen or alter a portion of a state high- 
,way or state route, or secure material necessary for the construction or 
.. maintenance of the state highway and bridges, or when so required by 
the commission, make a written report to the commission describing the 
portion of the highway to be established, opened or changed, and the por¬ 
tions of land of each land owner to be taken for the purpose, and accom¬ 
panying his report with a map showing the present and proposed 
boundaries of the portion of the highway to be opened, or changed, to¬ 
gether with an estimate of the damages and benefits accruing to each land 
owner, the boundaries of whose land may be effected thereby. If, upon 
| receipt of such report, the commission "Shall decide that public interest 
or convenience will be subserved by the proposed change, it shall enter a 
resolution upon its minutes, approving the same and authorizing the Engi- 
, neer to tender to each land owner, the amount of damages, as estimated 
by him, and approved by the commission. In estimating the amount of 
damages to be tendered a land owner, due account shall be taken of any 
benefits which shall accrue to such land owner by the proposed action; 
provided, however, that the amount of benefit shall not in any case exceed 
the amount of damages awarded. A person or persons owning or having 
an interest in any land over which any proposed state highway extends, 
who shall be of the opinion that the tender made to him or them by the 
State Highway Commission is inadequate, may personally or by agent or 
attorney, on or before ten days from the date from such tender, file a 
written request addressed to the State Highway Commission for a jury to 
ascertain the compensation which he or they may be entitled to by reason 
r of damages sustained by altering, widening, changing or laying out such 
state highway. Thereupon the State Highway Commission shall apply to 
the Judge of the Superior Court of the county in which said property is 
situated, by filing a petition as in other cases under the Act of Eminent 
Domain, Title XIII, Revised Statutes of Arizona, Civil Code, 1913, and 
amendments thereof, and the compensation to be paid such person or per¬ 
sons shall be ascertained and the land condemned. The rule of court or 
decree rendered, all condemnation proceedings thereon shall be according 
to the proceedings of said act as in other cases. The State Highway Com¬ 
mission may, and it is hereby authorized to take and condemn or cause to 
condemned, the lands of private persons for state highway purposes, 






56 Pamphlet Containing Measures to Be 


under and according to said Eminent Domain Act in the first instance, 
without tender or other proceedings under this act. 

Sec. 25. Any public highway or portion of a public highway, desig¬ 
nated as a state highway or state route, may be established, relocated, 
altered or widened, when in the opinion of the commission, such estab¬ 
lishment or change is for the public interest or convenience, in the manner, 
herein provided. r 

See. 26. When a portion of a state highway or state route is relocated, 
and because of such relocation a portion of the route as it existed before 
such relocation is, in the opinion of the commission, no longer necessary, 
as a state highway, such portion shall be considered as abandoned and 
title shall revert to the owner or owners of the land through which such 
abandoned portion may lie. If it shall appear that such abandoned por¬ 
tion is necessary for use as a public highway, then such abandoned por¬ 
tion shall become a county highway, upon the adoption of a resolution to 
that effect by the County Board of Supervisors within ninety (90) days 
after such abandonment by the commission. 

Sec. 27. All notices to land owners, referred to in the foregoing pro¬ 
visions of this act, may be given by mailing the same to such land owners, 
and all tenders of payment of damages to land owners, referred to herein, 
may be made by mailing to each land owner to whom such tender is to be 
made a written or printed statement reciting the action of the State 
Highway'Engineer and of the commission relating to the award of dam¬ 
ages to such land owners, specifying the amount of damages awarded to 
him, and stating where and by whom payment of the sum so awarded 
will be made upon demand of such land owner. Depositing in the general 
post office in the City of Phoenix, or at the county seat of the county in 
which the land in controversy is located, a written or printed copy of 
any notice herein referred to, or any statement tendering payment of 
damages, signed by the proper officer, enclosed in a sealed envelope with 
proper postage prepaid, and properly addressed to the land owner at the 
last known place of residence or address, shall be deemed sufficient mail¬ 
ing of the same for the purpose of this act. 

Sec. 28. The commission may also acquire lands for and in the 
name of the people of the State of Arizona by purchase, donation, dedica¬ 
tion, or by proceedings in eminent domain, for the purpose of obtaining 
gravel, stone or other material when required for the construction, im¬ 
provement, or maintenance of state highways or bridges and for spoil 
banks, together with a right-of-way to such spoil banks and to any bed, 
pit or quarry or other place where such gravel, stone, or other material 
may be located. The commission shall have the right to enter into the 
manufacture of cement and other road making materials, w T hen in their 
judgment the best interests of the state can be served by such action, and 
shall also have the right to sell same to any political subdivision of the 
state for the purpose of constructing roads, bridges and other public 
improvements. 

Sec. 29. Streets within the limits of incorporated cities or towns 
may, for all the purposes of this act, be included in state highways, state 
routes or county highways, by agreement between such town or city 
and the commission for state highways or state routes or of the County, 
Board of Supervisors, when such streets form necessary or convenient 
connecting links for carrying such highways or routes through such! 
cities or towns; but otherwise streets and other public ways in incor¬ 
porated cities- and towns shall not be subject to the provisions of this act 
in regard to establishment, changing, constructing or maintaining public 
highways. 




Submitted to the Electors of Arizona, November 2, 1920 


57 


Sec. 30. The provisions of this act apply in state lands and school 
lands as well as other lands. 

CHAPTER IX. 

FUNDS FOR STATE HIGHWAY WORK AND EXPENDITURE OF SAME. 

Sec. 31. There is hereby created a fund to be known as the State 
Highway Fund. All moneys paid into the State Highway Fund shall be 
available immediately, without further appropriation, for the purpose of 
such fund as provided by law. Any sums paid into the State Treasury, 
which by law belong to the State Highway Fund, shall be immediately 
placed by the State Treasurer to the credit of such fund. Upon requests 
of the commission or the Highway Engineer, it shall be the duty of the 
State Treasurer to report to the commission or the Highway Engineer 
the amount of the State Highway Fund on hand and the amounts derived 
from each source from which such fund accumulated. All accounts and 
expenditures from the State Highway Fund shall be certified by the 
State Highway Engineer and audited by the State Auditor and paid by 
the State Treasurer upon warrants drawn by the State Auditor; and the 
State Auditor is hereby authorized and directed to draw warrants payable 
out of the State Highway Fund upon such vouches properly certified 
and audited. 

Sec. 32. All receipts from the following sources shall be paid into 
and credited to the State Highway Fund as soon as received: 

(a) «r All levies made annually and collected for the State Highway 

Fund. 

(b) From such appropriations as may, from time to time, be made 
by the Legislature to the State Highway Fund. 

(c) From all receipts from the sale of bonds that may be authorized 
by the people of the state for highway purposes. 

(d) From all special bridge appropriations. 

(e) From all public donations, including receipts from any allot¬ 
ments or payments of the same made to the State by the Federal Govern¬ 
ment or any department of the same, made toward the construction, im¬ 
provement or maintenance of state highways. All such donations shall 
be paid to the State Treasurer and by him deposited to the credit of the 
State Highway Fund for such particular purpose as may be indicated by 
the donor; provided, however, that the State Treasurer shall not receive 
any gift for such purpose without the approval of the commission. 

(f) Any balance remaining at the time when this act takes effect 
in the State Road Tax Fund created by previous legislation, and all re¬ 
ceipts thereafter accruing to such State Road Tax Funds, and the State 
Highway Commission hereby created shall be deemed to have assumed 
all lawful financial obligations of the State Engineer. 

(g) There shall be annually levied and collected, in the manner and 

method in which other state taxes are levied and collected, a tax of two 
mills (.002) on the dollar, on the assessed valuation of taxable property 
within the state, and all proceeds of such levy shall be credited to the 
State Highway Fund. , 

(h) All revenues under the provisions of existing legislation from 
the registration of motor vehicles, and from chauffeurs’ licenses, and from 
fines and penalties under this act shall be credited to the State Highway 
Fund, but shall be reserved for the purpose of road maintenance only, 
and expended under the direction of the Highway Engineer subject to th© 
approval of the commission. 

Sec. 33. The State Highway Fund shall be available to pay for: 

(a) All salaries, wages and necessary traveling and other expenses 
including emergency expenses of all persons connected with the State 

Highway Department. 



1 


58 Pamphlet Containing Measures to Be 


(fc) All equipment, material and supplies, division offices, testing 
laboratories and research work as may be established by the commission, 

(c) All incidental office expenses of the Highway Commission, in¬ 
cluding telegrams, postal, express charges and expenses for printing, 
stationery and advertising. 

(d) All machines, tools, or other equipment necessary for the 
furtherance of the work of the department. 

(e) The construction and maintenance of state highways and such 
parts of highways forming state routes as the commission may determine, 

(f) All land damages incurred by reason of establishing, opening, 
altering, relocating or widening portions of any state route or state high¬ 
way. 

Sec. 34. At any election called for the purpose of determining 
whether bonds of the State of Arizona shall be issued for highway con¬ 
struction or improvement there shall be printed in the notice of election 
and upon the ballot provided for use at such election, a map which shall 
be prepared by the State Highway Department showing the state high¬ 
ways and the parts thereof proposed to be constructed or improved with 
the proceeds of such bonds. 

Sec. 35. The proceeds from the sale of any bonds that may be 
Authorized for state highways shall be expended only for such purposes 
as are specified in the act authorizing the issue of the bonds and shown 
upon such ballots, and not more than ten (10%) per cent of any*bond 
issue shall be expended for administrative and engineering purpflftes. 

Sec. 36. The State Highway Fund shall, be expended by the State 
Highway. Department, subject to the following provisions: All bills in¬ 
curred by the State Engineer for highway purposes under the present 
law must be paid. There shall be prepared by the commission prior to 
the first of April of each year, a budget which shall show the amount of 
the State Highway Fund on hand, the amount of outstanding obligations 
against such fund, the estimated amounts of receipts from all sources 
that will become available for such fund during the ensuing year, and 
the estimated amount to be expended for various activities and projects 
proposed for the forthcoming year. The total estimated expenditures 
contemplated for all purposes of the State Highway Department for a 
given year shall not exceed the total estimated available fund. It shall 
be the duty of the State Treasurer and the Highway Engineer to give, 
on request, such information as the State Highway Commission may need 
for the preparation of such budget. The budget shall be so prepared 
that it may be readily understood how much it is proposed to expend for 
salaries, office expenses and administrative purposes, which shall not 
exceed four (4%) per centum of the estimated total funds available for 
the year; how much for construction with an allowance of not more than 
ten (10%) per centum of the amount to be expended on any construction 
work for engineering and supervision of the same; in general, where such 
construction is to be located, how much for maintenance and the extent 
of highway it is proposed to maintain, together with such other essential 
facts as the commission may deem necessary in order that the people of 
the state may have full knowledge as to how much money there may be 
available in a given year for the work of the department and how it is 
proposed to spend the money. In adjusting the expenditures for a given 
year the commission shall give full consideration to the recommendations 
of the Highway Engineer, who shall be present in person or by his deputy 
at the discussion of the budget by the commission. Before the budget 
shall go into effect it shall be submitted on or before the first day of 
April to the Governor, wffio may, after consultation with the commission 
And Highway Engineer, recommend,such changes as he may consider for 




Submitted to the Electors of Arizona, November z, 1920 59 


the best interests of the state. If the Governor does not return the 
budget to the commission within ten (10) days, it shall be deemed ap¬ 
proved. If it shall be returned within ten (10) days with changes recom¬ 
mended, the commission may by the affirmative vote of four (4) members 
of the commission, accept or reject any of the changes recommended by 
the Governor. When accepted, changes shall be incorporated in the 
budget, 

1 Sec. 37. The budget *in final form so prepared shall be issued in 
printed form and sent free of charge to any citizen of the state who may 
apply for the same. 

| Sec. 38. When a budget has been finally approved the Highway Engi¬ 
neer shall proceed in accordance therewith and administer the work of 
the State Highway Department accordingly. Provided, however, that 
when in the opinion of the Governor, changes in the budget are necessary 
or desirable to meet changed or unforseen conditions, such changes in the 
budget may be made by the affirmative vote of a majority of the members 
of the commission, but in no case shall the amount of the budget be so 
changed as to exceed the total funds available. 

Sec. 39. In order that the Engineer may make immediate cash pay¬ 
ment to laborers and in other instances where, in his judgment it is 
advantageous or necessary to make such payments, there shall be de¬ 
posited by the State Treasurer in banks to be designated by the State 
Highway Commission from the State Highway Fund, such sum as the 
commission shall deem adequate which shall be made payable upon order 
of the State Highway Engineer in the form of a voucher check, the 
.voucher to show to whom and for what payment is made. A duplicate of 
all such vouchers shall be retained in the office of the State Highway 
Department. The voucher checks issued shall be audited by the State 
Auditor from time to time, when requested by the Engineer, and an 
amount equal to the checks returned and found in proper form shall 
thereupon be deposited by the State Treasurer to the credit of such 
special fund from the State Highway Fund. Voucher checks drawn tfpon 
the special fund shall not be used to pay salaries of officers or regular 
employees of the department. 

S' Sec. 40. If, as the result of any agreement made by the commission, 
on behalf of the state, and any branch of the Federal Government, there 
shall be undertaken actual construction or improvement of highways in 
the state, the letting of contracts, preparation and approval of specifica¬ 
tions and plans, together with supervision of construction, shall on behalf 
of the state, be under the direct control of the State Highway Engineer, 
■ subject to the terms of the agreement so made, provided that no agree¬ 
ment or contract shall be made which shall require the expenditure of 
funds greater than that included in the budget for the current fiscal 
year. 

CHAPTER X. 

GENERAL. PROVISIONS "AND REPEAL OF PRIOR LAWS. 

I Sec. 41. The State Engineer and Board of Directors of State Institu¬ 
tions upon the request of the State Highway Commission shall transfer 
and deliver to the State Highway Department created by said act, all 
supplies, trucks, highway material, equipment, unfinished contracts and 
work in progress under the direction of the State Engineer and all 
properties, files, records, books, maps, papers and other documents per¬ 
taining to the office of the State Engineer in his and their possession. 

| Sec. 42. Chapter 7, Title 50, Revised Statutes of Arizona, 1913, Civil 
Code, and acts amendatory thereof, together with all other acts and 
Parts of acts in conflict with the provisions of this act are hereby repealed. 








60 


Pamphlet Containing Measures to Be 


Sec. 43. If any section, subsection, sentence, clause or phrase of this 
act is for any reason held to be unconstitutional such decision shall not 
effect the validity of the remaining portions of this act. 

Sec. 44. All acts and parts of acts in conflict with the provisions of 
this act are hereby repealed. 

Filed July 1, 1920. 


AN ACT 

TO PROMOTE THE RECLAMATION AND IRRIGATION OF 
ARABLE AND IRRIGABLE LANDS LYING WITHIN THE BOUNDARIES 
OF IRRIGATION DISTRICTS REGULARLY ORGANIZED AND EXIST¬ 
ING UNDER THE LAWS OF THE STATE OF ARIZONA AND PROVID¬ 
ING FOR THE ISSUANCE OF BONDS OF THE STATE OF ARIZONA’ 
BEARING INTEREST AT THE RATE OF NOT TO EXCEED FIVE PER 
CENT PER ANNUM PAYABLE SEMI-ANNUALLY, IN EXCHANGE FOR 
IRRIGATION DISTRICT BONDS BEARING INTEREST AT THE RATE 
OF SIX PER CENT PER ANNUM, PAYABLE SEMI-ANNUALLY WHEN 
ADEQUATE PROVISION IS MADE FOR THE PAYMENT BY SUCH IR¬ 
RIGATION DISTRICT OR DISTRICTS INTO THE TREASURY OF THE 
STATE OF ARIZONA OF SUFFICIENT MONEYS FROM TIME TO TIME 
TO TAKE UP AND PAY OFF SUCH STATE BONDS, PRINCIPAL AND 
INTEREST, AS AND WHEN THE INSTALLMENTS OF INTEREST AND 
PRINCIPAL THEREON ARE OR SHALL BECOME DUE AND PAYABLE, 
AN INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona for their' 
approval or rejection at the si 

REGULAR GENERAL ELECTION \ 4 . 

to be held 

ON THE SECOND DAY OF NOVEMBER, 1920. 4 
By Initiative Petition of the people filed in the office of the Secretary of 
State July 1, 1920, in accordance with the provisions of 

Paragraph 3328, Chapter I, TITLE XXII, Revised , 

Statues of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Re* 
vised Statutes of Ariona, 1913, Civil Code. 

MIT SIMMS, Secretary of State. 


The following is the form and number in which the question will be 
printed on the official ballot: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT 

TO PROMOTE THE RECLAMATION AND IRRIGATION OF 
ARABLE AND IRRIGABLE LANDS LYING WITHIN THE BOUNDARIES 
OF IRRIGATION DISTRICTS REGULARLY ORGANIZED AND EXIST¬ 
ING UNDER THE LAWS OF THE STATE OF ARIZONA AND PROVID¬ 
ING FOR THE ISSUANCE OF BONDS OF THE STATE OF x^RIZONA’ 
BEARING INTEREST AT THE RATE OF NOT TO EXCEED FIVE PER 
CENT PER ANNUM PAYABLE SEMI-ANNUALLY, IN EXCHANGE FOR 
IRRIGATION DISTRICT BONDS BEARING INTEREST AT THE RATH 
OF SIX PER CENT PER ANNUM, ^PAYABLE §EMI-ANNUALLY WHEN 
ADEQUATE PROVISION IS MADE FOR THE PAYMENT BYc-SUCH IR¬ 
RIGATION DISTRICT OR DISTRICTS INTO THE TREASURY OF THE 
STATE OF ARIZONA OF SUFFICIENT MONEYS FROM TIME TO TIME 








61 


Submitted to the Electors of Arizona, November 2, 1920 


TO TAKE UP AND PAY OFF SUCH STATE BONDS, PRINCIPAL AND 
INTEREST, AS AND WHEN THE INSTALLMENTS OF INTEREST AND 
PRINCIPAL THEREON ARE OR SHALL BECOME DUE AND PAYABLE. 

If you favor the above law, vote YES; if opposed, vote NO. 


Jl2 Yes. 
3l3 No. 


(On Official Ballot Nos.3l2 and3l3.) 

_ AN ACT 

TO PROMOTE THE RECLAMATION AND IRRIGATION OF 
ARABLE AND IRRIGABLE LANDS LYING WITHIN THE BOUNDARIES 
OF IRRIGATION DISTRICTS REGULARLY ORGANIZED AND EXIST¬ 
ING UNDER THE LAWS OF THE STATE OF ARIZONA AND PROVID¬ 
ING FOR THE ISSUANCE OF BONDS OF THE STATE OF ARIZONA 
BEARING INTEREST AT THE RATE OF NOT TO EXCEED FIVE PER 
. CENT PER ANNUM PAYABLE SEMI-ANNUALLY, IN- EXCHANGE FOR 
IRRIGATION DISTRICT BONDS BEARING INTEREST AT THE RATE 
OF SIX PER CENT PER ANNUM, PAYABLE SEMI-ANNUALLY WHEN 
ADEQUATE PROVISION IS MADE FOR THE PAYMENT BY SUCH IE- 
| RIGATIGN DISTRICT OR DISTRICTS INTO THE TREASURY OF THE 
STATE OF ARIZONA OF SUFFICIENT MONEYS FROM TIME TO TIME 
TO TAKE. UP AND PAY OFF SUCH STATE BONDS, PRINCIPAL AND 
I INTEREST, AS AND WHEN THE INSTALLMENTS OF INTEREST AND 
PRINCIPAL THEREON ARE OR SHALL BECOME DUE AND PAYABLE. 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

Section 1. Any irrigation district now or hereafter regularly organ- 
si: Yized and existing under the laws of the State of Arizona, may file with 
ft . the Secretary of the State of Arizona its application in sextuplicate, and 
’. verified by the oath of its President and Secretary, setting forth/ 

1. That it is regularly and duly organized, and the date of its or- 
R ganization. 

- 2. Its location and boundaries, together with the irrigable acreage 
embraced therein. 

3. The character and quality of the lands and soils embraced therein, 

- and the acreages therein held by private ownership, the acreage therein 

owned by the State of Arizona, the acreage therein belonging to the 
' United States .of America and the acreage therein of United States land 
held by entrymen under the land laws of the United Stales. 

4. The character and extent of the proposed irrigation works for 
the reclamation thereof, together with -maps and plats showing the loca¬ 
tion and size of the reservoirs, dams, canals, ditches and other works 
constructed or proposed to be constructed, and plans and specifications 
showing the character, extent, class and type of the works constructed 

“ or proposed to be constructed, and estimates of the cost of such proposed 
K works. 

|jfer 5. The amount and source of supply of the waters proposed to be 
conserved and used for the irrigation of said lands. 

Kr "• 6. The estimated value per acre of said lands after the completion 

S of such proposed irrigation works and the application of the water con¬ 
served thereby to such lands for the irrigation- thereof. 

7. That the said irrigation district has regularly provided for and 
has issued its irrigation district bonds bearing six per cent interest, pay¬ 
able semi-annually, according to law, for the construction of said proposed 















€2 


Pamphlet Containing Measures to Be 


works, the amount of such issue and the denominations of such bonds and 
the date or dates when the same are payable. 

And praying that the State of Arizona issue and deliver to the said 
Irrigation district state bonds of like amount in par value, bearing not to 
exceed five per cent interest payable semi-annually, and of the same 
denominations and same datbs of maturity as said irrigation district 
bonds, the same to be issued and delivered to said irrigation district for 
purposes of sale, upon delivery by the said irrigation district to the State 
of Arizona the said issue of irrigation district bonds. 

Sec. 2. Upon the filing of said application, the Secretary of the 
State of Arizona shall forthwith transmit one copy thereof to the Attor-1 
ney General for the State of Arizona, one copy thereof to the State Land 
Commissioner, one copy thereof to the State Water Commissioner, one 
copy thereof to the State Engineer, and one copy thereof to the Governor 
of the State of Arizona, and shall keep the remaining copy on file in his 
office. 

The said Attorney General shall thereupon immediately proceed to; 
examine into the legality and validity of the organization of such irriga¬ 
tion district and the legality and validity of the said irrigation district 
bonds and the proceedings leading up to the issuance of the same, and 
shall report in writing his views and opinion thereon to the Governor of 
the State of Arizona. 

The State Land Commission shall proceed immediately to examine 
the lands embraced in said irrigation district, the character of said lands- 
as to being rough or level, and whether hard or easy of irrigation, the 
quality of the soil and its adaptability to producing and raising crops, 
and its prospective value after the completion of such proposed irrigation 
works and the irrigation of such lands therefrom and shall make a report 
thereon in writing to the Governor of the State of Arizona. 

The State Water Commissioner shall proceed immediately to examine 
into the source and amount of the water supply to be conserved and 
utilised by such proposed irrigation works and to determine whether or 
not the claims of said district upon said water supply are w'ell founded 
or not, and whether or not the amount of said water supply available for 
use by said irrigation district is sufficient in his opinion for successful 
irrigation of the lands embraced in such irrigation district and for the 
growing of profitable crops thereon, and shall report in writing thereon 
to the Governor of the State of Arizona. 

The said State Engineer shall immediately proceed to examine into 
plans and specifications so submitted for such proposed construction and 
to view and examine the grounds upon and over which the said dams, 
canals, ditches and other proposed -works are to be constructed, and shall 
report in writing to the Governor of the State, of Arizona whether or not 
in his opinion the class and type of construction so proposed is within 
the accepted usages and practices of competent irrigation engineers for 
like construction and whether or not the said proposed work, if con¬ 
structed, would be safe and durable and adequate and sufficient for the 
purposes for which they were designed, together with his estimate of the 
probable cost of such proposed irrigation works. 

The above examinations and reports of the Attorney General, Land 
Commissioner, Water Commissioner, and Engineer shall be made to the 
Governor as speedily as the same can be done, and upon receiving such i 
reports the Governor shall examine and consider the same and from J 
such reports and such additional information and data as he may havi 





Submitted to the Electors of Arizona, November 2, 1929 63- 


or secure, shall determine whether or not the said project is a feasible 
project, and whether or not the cost of such proposed irrigation works is 
within the ability of the said irrigation district and of the lands and land 
owners thereunder, to reasonably pay without risk to the State of Arizona, 
and if and w r hen the said Governor shall so determine that said project is 
a feasible project and that the estimated cost of such proposed irrigation 
works is within the ability of the said irrigation district and the lands- 
and land owners thereunder to meet and pay as and when the installments 
of interest and principal thereon may and shall become due and payable, 
then the said Governor shall notify said irrigation district of such deter¬ 
mination, and thereupon and thereafter the said irrigation district shall 
proceed to advertise, according to law, for bids for the construction of 
said proposed irrigation works, either as one piece or in parcels, and if 
and when the said irrigation district shall receive a bid or bids from one 
or more responsible bidders for the construction of said irrigation works, 
or the various portions thereof at a price or amount not in excess of 
the estimated cost of such proposed irrigation works, and not in excess- 
of the amount of the par value of such issue of irrigation district bonds, 
and such bidder or bidders, shall give a good and sufficient bond or bonds- 
to construct and complete such proposed irrigation works for the amount 
of such bid or bids, then the said Governor shall examine into the re¬ 
sponsibility of such bidder or bidders and the sufficiency of such bond 
or bonds and if the said Governor, from such examination, be satisfied that 
such bidder or bidders, are responsible, and such bond or bonds are- 
proper in form and the surety or sureties thereon are financially respon¬ 
sible, then the said Governor of the State of Arizona, upon receiving front 
such irrigation district bonds of such irrigation district so issued as afore¬ 
said, shall cause to be issued and delivered to said irrigation district, 
bonds of the State of Arizona in amount par value equal to the par value- 
of the bonds of such irrigation district so delivered to him, and which 
bonds of the State of Arizona shall bear interest at the rate of not to 
exceed five per cent per annum payable semi-annually, to be of the 
denomination or denominations as requested by said irrigation district,, 
and shall mature at such time or times and in like amounts as the 
irrigation district bonds so delivered by said irrigation district to the 
State of Arizona. 

Sec. 3. All payments upon interest or principal of such irrigation 
district bonds so delivered to the State of Arizona shall be made by the 
proper authorities to the Treasurer of the State of Arizona as and when 
the same shall or may become due and payable, and the Treasurer of 
the State of Arizona shall from the moneys so received by him. pay the 
interest and principal upon the state bonds so issued and so delivered to 
the said irrigation district. 

The excess per cent of interest borne by the said irrigation district 
bonds over the interest borne by the said state bonds, not exceeding one- 
per cent, shall be used and employed by the said Treasurer of the State 
of Arizona to paying the cost and expanses of the preparation and issuance- 
of such state bonds, the cost and expenses of collecting the installments- 
cf interest and principal on such irrigation district bonds and of remitting 
and paying the interest and principal of such state bonds, and the balance 
; remaining after such expenses are paid and after such entire issue of 
*state bonds, interest and principal, has been fully paid and discharged,, 
shall be by the said Treasurer turned over to the State School Fund of 
the State of Arizona, and all over such one per cent to the irrigation 

district. , 

Sec 4. Any and all state bonds issued and delivered under the: 
provisions of this act shall be sold by such irrigation district or districts- 




Pamphlet Containing Measures tc 


LIBRARY OF CONGRESS 


0 019 332 349 2 


in such amounts and at such times as needed, at public auction, to the 
highest and best bidder therefor and shall not be sold or disposed of at 
less than par, and all moneys when and as received by any irrigation 
district from the sale of state bonds issued under the provisions of this 
act, shall be by such district forthwith deposited with the Treasurer of the 
county in which such district or the major portion thereof is situate, and 
shall be drawn out upon warrants issued according to law and used, 
employed and devoted only to the payment of the costs and charges of 
such construction, and of the expenses and charges incident to and con¬ 
nected with such construction, and in all matters connected with the 
construction, maintenance and operation of any irrigation works con¬ 
structed wholly or in part from the proceeds of state bonds issued here¬ 
under, the said irrigation districts shall be governed and controlled by the 
provisions cf law now or hereafter existing relating to irrigation districts. 

Filed July 1, 1D20. 


Star Job Print 



Tucson. Arizona 


/ 


'M5S 











































